State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]

91_HB2708sam001

 










                                           LRB9101920RCksam01

 1                    AMENDMENT TO HOUSE BILL 2708

 2        AMENDMENT NO.     .  Amend House Bill 2708  by  replacing
 3    the title with the following:

 4        "AN  ACT  to  amend  the  Criminal Code of 1961 by adding
 5    Section 11-9.4."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section  5.   The  Criminal  Code  of 1961 is amended by
 9    adding Section 11-9.4 as follows:

10        (720 ILCS 5/11-9.4 new)
11        Sec. 11-9.4.  Presence within child care facility zone by
12    child sex offenders prohibited.
13        (a)  It is unlawful for a child sex offender to knowingly
14    be present in any child care facility  or  on  real  property
15    comprising  any  child  care facility while persons under the
16    age of 18 are present in the facility or on the grounds or to
17    knowingly loiter on a public way within 500 feet of  a  child
18    care  facility  or  the real property comprising a child care
19    facility while persons under the age of 18 are present in the
20    facility or on the grounds, unless the offender:
21             (1)  is a parent or guardian of a  person  under  18
 
                            -2-            LRB9101920RCksam01
 1        years  of  age present in the facility or on the grounds;
 2        or
 3             (2) has permission to be present from  the  director
 4        or   chief  administrative  officer  of  the  child  care
 5        facility.
 6        (b)  Definitions.  In this Section:
 7             (1)  "Child sex offender" means any person who:
 8                  (i)  has been charged under  Illinois  law,  or
 9             any  substantially  similar  federal  law  or law of
10             another state, with  a  sex  offense  set  forth  in
11             paragraph  (2) of this subsection (b) or the attempt
12             to commit an included sex offense, and:
13                       (A)  is convicted of that  offense  or  an
14                  attempt to commit that offense; or
15                       (B)  is  found  not  guilty  by  reason of
16                  insanity of  that  offense  or  an  attempt  to
17                  commit that offense; or
18                       (C)  is  found  not  guilty  by  reason of
19                  insanity under subsection (c) of Section 104-25
20                  of the Code of Criminal Procedure  of  1963  of
21                  that  offense  or  an  attempt  to  commit that
22                  offense; or
23                       (D)  is  the  subject  of  a  finding  not
24                  resulting  in  an  acquittal   at   a   hearing
25                  conducted  under  to  subsection (a) of Section
26                  104-25 of the Code  of  Criminal  Procedure  of
27                  1963  for  the  alleged commission or attempted
28                  commission of that offense; or
29                       (E)  is found  not  guilty  by  reason  of
30                  insanity  following a hearing conducted under a
31                  federal  law  or  the  law  of  another   state
32                  substantially  similar  to  subsection  (c)  of
33                  Section   104-25   of   the  Code  of  Criminal
34                  Procedure of 1963 of that  offense  or  of  the
 
                            -3-            LRB9101920RCksam01
 1                  attempted commission of that offense; or
 2                       (F)  is  the  subject  of  a  finding  not
 3                  resulting   in   an   acquittal  at  a  hearing
 4                  conducted under a federal law  or  the  law  of
 5                  another    state   substantially   similar   to
 6                  subsection (a) of Section 104-25 of the Code of
 7                  Criminal Procedure  of  1963  for  the  alleged
 8                  violation   or  attempted  commission  of  that
 9                  offense; or
10                  (ii)  is  certified  as  a  sexually  dangerous
11             person under the Illinois Sexually Dangerous Persons
12             Act, or any substantially similar federal law or the
13             law of another state, when any conduct  giving  rise
14             to  the  certification  is  committed  or  attempted
15             against a person less than 18 years of age; or
16                  (iii)  is  subject to the provisions of Section
17             2 of the Interstate Agreements on Sexually Dangerous
18             Persons Act.
19        Convictions that result from or are  connected  with  the
20    same act, or result from offenses committed at the same time,
21    must  be  counted  for  the  purpose  of  this Section as one
22    conviction.  Any conviction set aside  under  law  is  not  a
23    conviction for purposes of this Section.
24             (2)  "Sex offense" means:
25                  (i)  A   violation  of  any  of  the  following
26             Sections of the Criminal Code of 1961: 10-7  (aiding
27             and   abetting   child   abduction   under   Section
28             10-5(b)(10)),   10-5(b)(10)   (child  luring),  11-6
29             (indecent solicitation of a child), 11-6.5 (indecent
30             solicitation of an adult),  11-9  (public  indecency
31             when  committed  in  a  school, on the real property
32             comprising a school,  or  on  a  conveyance,  owned,
33             leased,  or  contracted  by  a  school  to transport
34             students to or  from  school  or  a  school  related
 
                            -4-            LRB9101920RCksam01
 1             activity),  11-9.1 (sexual exploitation of a child),
 2             11-15.1  (soliciting  for  a  juvenile  prostitute),
 3             11-17.1 (keeping a place of juvenile  prostitution),
 4             11-18.1 (patronizing a juvenile prostitute), 11-19.1
 5             (juvenile   pimping),  11-19.2  (exploitation  of  a
 6             child), 11-20.1 (child pornography), 11-21  (harmful
 7             material),   12-14.1   (predatory   criminal  sexual
 8             assault of a child), 12-33 (ritualized  abuse  of  a
 9             child),  11-20  (obscenity)  (when  that offense was
10             committed in any school, on real property comprising
11             any school, in  any  conveyance  owned,  leased,  or
12             contracted  by  a school to transport students to or
13             from school  or  a  school  related  activity).   An
14             attempt to commit any of these offenses.
15                  (ii)  A  violation  of  any  of  the  following
16             Sections  of  the  Criminal  Code  of 1961, when the
17             victim is a person under  18  years  of  age:  12-13
18             (criminal   sexual   assault),   12-14   (aggravated
19             criminal  sexual  assault),  12-15  (criminal sexual
20             abuse), 12-16 (aggravated  criminal  sexual  abuse).
21             An attempt to commit any of these offenses.
22                  (iii)  A  violation  of  any  of  the following
23             Sections of the Criminal  Code  of  1961,  when  the
24             victim  is  a  person  under 18 years of age and the
25             defendant is not a parent of the victim:
26                       10-1 (kidnapping),
27                       10-2 (aggravated kidnapping),
28                       10-3 (unlawful restraint),
29                       10-3.1 (aggravated unlawful restraint).
30                       An  attempt  to  commit   any   of   these
31                  offenses.
32             (3)  A  conviction  for an offense of federal law or
33        the law of another state that is substantially equivalent
34        to any offense listed in paragraph (2) of this subsection
 
                            -5-            LRB9101920RCksam01
 1        (b) shall constitute a conviction for the purpose of this
 2        Section.   A  finding  or  adjudication  as  a   sexually
 3        dangerous  person under any federal law or law of another
 4        state that is substantially equivalent  to  the  Sexually
 5        Dangerous Persons Act constitutes an adjudication for the
 6        purposes of this Section.
 7             (4)  "Child   care   facility"   means   a  facility
 8        described in Section 2.05 of the Child Care Act  of  1969
 9        that is licensed under that Act.
10             (5)  "Loiter" means to stand or sit idly on a public
11        way  within 500 feet of a child care facility or the real
12        property comprising a child care facility, whether or not
13        the person is in a vehicle or remaining in or around  the
14        child care facility.
15        (c)  Sentence.   A  person  who  violates this Section is
16    guilty of a Class 4 felony.".

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