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91_HB2708
LRB9101920RCksA
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 11-9.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 11-9.4 as follows:
7 (720 ILCS 5/11-9.4 new)
8 Sec. 11-9.4. Presence within 1,000 feet of child care
9 facility by child sex offenders prohibited.
10 (a) It is unlawful for a child sex offender to knowingly
11 be present in any child care facility, on real property
12 comprising any child care facility, or within 1,000 feet of a
13 child care facility or the real property comprising a child
14 care facility.
15 (b) Definitions. In this Section:
16 (1) "Child sex offender" means any person who was
17 at least 17 years of age at the time of the commission of
18 the offense and who:
19 (i) has been charged under Illinois law, or
20 any substantially similar federal law or law of
21 another state, with a sex offense set forth in
22 paragraph (2) of this subsection (c) or the attempt
23 to commit an included sex offense, and:
24 (A) is convicted of that offense or an
25 attempt to commit that offense; or
26 (B) is found not guilty by reason of
27 insanity of that offense or an attempt to
28 commit that offense; or
29 (C) is found not guilty by reason of
30 insanity under subsection (c) of Section 104-25
31 of the Code of Criminal Procedure of 1963 of
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1 that offense or an attempt to commit that
2 offense; or
3 (D) is the subject of a finding not
4 resulting in an acquittal at a hearing
5 conducted under to subsection (a) of Section
6 104-25 of the Code of Criminal Procedure of
7 1963 for the alleged commission or attempted
8 commission of that offense; or
9 (E) is found not guilty by reason of
10 insanity following a hearing conducted under a
11 federal law or the law of another state
12 substantially similar to subsection (c) of
13 Section 104-25 of the Code of Criminal
14 Procedure of 1963 of that offense or of the
15 attempted commission of that offense; or
16 (F) is the subject of a finding not
17 resulting in an acquittal at a hearing
18 conducted under a federal law or the law of
19 another state substantially similar to
20 subsection (a) of Section 104-25 of the Code of
21 Criminal Procedure of 1963 for the alleged
22 violation or attempted commission of that
23 offense; or
24 (ii) is certified as a sexually dangerous
25 person under the Illinois Sexually Dangerous Persons
26 Act, or any substantially similar federal law or the
27 law of another state, when any conduct giving rise
28 to the certification is committed or attempted
29 against a person less than 18 years of age; or
30 (iii) is subject to the provisions of Section
31 2 of the Interstate Agreements on Sexually Dangerous
32 Persons Act.
33 Convictions that result from or are connected with the
34 same act, or result from offenses committed at the same time,
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1 must be counted for the purpose of this Section as one
2 conviction. Any conviction set aside under law is not a
3 conviction for purposes of this Section.
4 (2) "Sex offense" means:
5 (i) A violation of any of the following
6 Sections of the Criminal Code of 1961: 10-7 (aiding
7 and abetting child abduction under Section
8 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
9 (indecent solicitation of a child), 11-6.5 (indecent
10 solicitation of an adult), 11-9 (public indecency
11 when committed in a school, on the real property
12 comprising a school, or on a conveyance, owned,
13 leased, or contracted by a school to transport
14 students to or from school or a school related
15 activity), 11-9.1 (sexual exploitation of a child),
16 11-15.1 (soliciting for a juvenile prostitute),
17 11-17.1 (keeping a place of juvenile prostitution),
18 11-18.1 (patronizing a juvenile prostitute), 11-19.1
19 (juvenile pimping), 11-19.2 (exploitation of a
20 child), 11-20.1 (child pornography), 11-21 (harmful
21 material), 12-14.1 (predatory criminal sexual
22 assault of a child), 12-33 (ritualized abuse of a
23 child), 11-20 (obscenity) (when that offense was
24 committed in any school, on real property comprising
25 any school, in any conveyance owned, leased, or
26 contracted by a school to transport students to or
27 from school or a school related activity). An
28 attempt to commit any of these offenses.
29 (ii) A violation of any of the following
30 Sections of the Criminal Code of 1961, when the
31 victim is a person under 18 years of age: 12-13
32 (criminal sexual assault), 12-14 (aggravated
33 criminal sexual assault), 12-15 (criminal sexual
34 abuse), 12-16 (aggravated criminal sexual abuse).
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1 An attempt to commit any of these offenses.
2 (iii) A violation of any former law of this
3 State substantially equivalent to any offense listed
4 in clause (2)(i) of subsection (c) of this Section.
5 (3) A conviction for an offense of federal law or
6 the law of another state that is substantially equivalent
7 to any offense listed in paragraph (2) of subsection (c)
8 of this Section shall constitute a conviction for the
9 purpose of this Section. A finding or adjudication as a
10 sexually dangerous person under any federal law or law of
11 another state that is substantially equivalent to the
12 Sexually Dangerous Persons Act constitutes an
13 adjudication for the purposes of this Section.
14 (4) "Child care facility" means a facility
15 described in Section 2.05 of the Child Care Act of 1969
16 that is licensed under that Act.
17 (c) Sentence. A person who violates this Section is
18 guilty of a Class 4 felony.