HB4619 96TH GENERAL ASSEMBLY

LRB096 14471 RLC 29297 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4619

Introduced , by Rep. JoAnn D. Osmond

SYNOPSIS AS INTRODUCED:

720 ILCS 5/9-1.3 new

Amends the Criminal Code of 1961. Provides that a child murderer may not reside or loiter with certain areas, schools, or facilities in which children under 18 years of age are present. Prohibits child murderers from knowingly operating, managing, being employed by, volunteering at, being associated with, or knowingly being present at certain events or facilities in which children under 18 years of age may be present. Provides for certain exemptions. Provides that a violation of these provisions is a Class 4 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 9-1.3 as follows:

(720 ILCS 5/9-1.3 new)

Sec. 9-1.3. Approaching, contacting, residing, or communicating with a child within certain places by child murderers prohibited.

(a) It is unlawful for a child murderer to knowingly be present in any public park building or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.

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

(c) It is unlawful for a child murderer to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Nothing in this subsection (c) prohibits a child murderer from residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age if the property is owned by the child murderer and was purchased before the effective date of this amendatory Act of the 96th General Assembly. Nothing in this subsection (c) prohibits a child murderer from residing within 500 feet of a child care institution, day care center, or part day child care facility if the property is owned by the child murderer and was purchased before the effective date of this amendatory Act of the 96th General Assembly. Nothing in this subsection (c) prohibits a child murderer from residing within 500 feet of a day care home or group day care home if the property is owned by the child murderer and was purchased before the effective date of this amendatory Act of the 96th General Assembly.

(d) It is unlawful for a child murderer to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age.

(e) It is unlawful for a child murderer to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any: (i) facility providing programs or services exclusively directed towards persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution; (v) school providing before and after school programs for children under 18 years of age; (vi) day care home; or (vii) group day care home. This does not prohibit a child murderer from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child murderer refrains from being present on the premises for the hours during which: (1) the programs or services are being offered or (2) the day care center, part day child care facility, child care institution, school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated.

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

(g) It is unlawful for a child murderer who owns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age. This subsection (g) shall apply only to leases or other rental arrangements entered into on or after the effective date of this amendatory Act of the 96th General Assembly.

(h) It is unlawful for a child murderer to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.

(i) It is unlawful for a child murderer to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the child murderer will be present. Notification includes the nature of the child murderer's visit and the hours in which the child murderer will be present in the school. The child murderer is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the child murderer is to be present in the vicinity of children, the child murderer has the duty to remain under the direct supervision of a school official.

(j) It is unlawful for a child murderer to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site.

(k) It is unlawful for a child murderer to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the child murderer will be present. Notification includes the nature of the child murderer's visit and the hours in which the child murderer will be present in the school. The child murderer is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the child murderer is to be present in the vicinity of children, the child murderer has the duty to remain under the direct supervision of a school official.

(l) It is unlawful for a child murderer to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (l) prohibits a child murderer from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child murderer and was purchased before the effective date of this amendatory Act of the 96th General Assembly.

(m) Definitions. In this Section:

(1) "Child murderer" means any person who has been charged under Illinois law with first degree murder when the victim of the offense was under 18 years of age at the time of the commission of the offense or subject to an adjudicatory hearing under Article V of the Juvenile Court Act of 1987 if the child murderer was under 17 years of age at the time of the commission of the act if committed by an adult would be first degree murder when the victim of the act was under 18 years of age at the time of the commission of the act, or any substantially similar federal law or law of another state, or the attempt to commit such act or offense, and:

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

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

(C) is found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or (D) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or

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

(E) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense. Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section; or

(F) is adjudicated delinquent for such act.

(2) A conviction for an offense of federal law or the law of another state that is substantially equivalent to any offense listed in paragraph (1) of this subsection (m) shall constitute a conviction for the purpose of this Section.

(3) "School" means a public or private pre-school, elementary, or secondary school.

(4) "Loiter" means:

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

(ii) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around school property, for the purpose of committing or attempting to commit first degree murder of a person under 18 years of age.

(iii) Entering or remaining in a building in or around school or public park property, other than the offender's residence.

(5) "School official" means the principal, a teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.

(6) "Public park" includes a park, forest preserve, or conservation area under the jurisdiction of the State or a unit of local government.

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

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

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

(10) "Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.

(11) "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1969.

(12) "Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969.

(13) "Group day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.

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