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91_SB0007
LRB9100704RCgc
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 public park zone by child
9 sex offenders prohibited.
10 (a) It is unlawful for a child sex offender to knowingly
11 be present in any public park building or on real property
12 comprising any public park when persons under the age of 18
13 are present in the building or on the grounds, unless the
14 offender is a parent or guardian of a person under 18 years
15 of age present in the building or on the grounds.
16 (b) It is unlawful for a child sex offender to knowingly
17 loiter on a public way within 500 feet of a public park
18 building or real property comprising any public park while
19 persons under the age of 18 are present in the building or on
20 the grounds, unless the offender is a parent or guardian of a
21 person under 18 years of age present in the building or on
22 the grounds.
23 (c) Definitions. In this Section:
24 (1) "Child sex offender" means any person who:
25 (i) has been charged under Illinois law, or
26 any substantially similar federal law or law of
27 another state, with a sex offense set forth in
28 paragraph (2) of this subsection (c) or the attempt
29 to commit an included sex offense, and:
30 (A) is convicted of such offense or an
31 attempt to commit such offense; or
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1 (B) is found not guilty by reason of
2 insanity of such offense or an attempt to
3 commit such offense; or
4 (C) is found not guilty by reason of
5 insanity pursuant to subsection (c) of Section
6 104-25 of the Code of Criminal Procedure of
7 1963 of such offense or an attempt to commit
8 such offense; or
9 (D) is the subject of a finding not
10 resulting in an acquittal at a hearing
11 conducted pursuant to subsection (a) of Section
12 104-25 of the Code of Criminal Procedure of
13 1963 for the alleged commission or attempted
14 commission of such offense; or
15 (E) is found not guilty by reason of
16 insanity following a hearing conducted pursuant
17 to a federal law or the law of another state
18 substantially similar to subsection (c) of
19 Section 104-25 of the Code of Criminal
20 Procedure of 1963 of such offense or of the
21 attempted commission of such offense; or
22 (F) is the subject of a finding not
23 resulting in an acquittal at a hearing
24 conducted pursuant to a federal law or the law
25 of another state substantially similar to
26 subsection (a) of Section 104-25 of the Code of
27 Criminal Procedure of 1963 for the alleged
28 violation or attempted commission of such
29 offense; or
30 (ii) is certified as a sexually dangerous
31 person pursuant to the Illinois Sexually Dangerous
32 Persons Act, or any substantially similar federal
33 law or the law of another state, when any conduct
34 giving rise to such certification is committed or
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1 attempted against a person less than 18 years of
2 age; or
3 (iii) is subject to the provisions of Section
4 2 of the Interstate Agreements on Sexually Dangerous
5 Persons Act.
6 Convictions that result from or are connected with the
7 same act, or result from offenses committed at the same time,
8 shall be counted for the purpose of this Section as one
9 conviction. Any conviction set aside pursuant to law is not
10 a conviction for purposes of this Section.
11 (2) "Sex offense" means:
12 (i) A violation of any of the following
13 Sections of the Criminal Code of 1961: 10-7 (aiding
14 and abetting child abduction under Section
15 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
16 (indecent solicitation of a child), 11-6.5 (indecent
17 solicitation of an adult), 11-9 (public indecency
18 when committed in a school, on the real property
19 comprising a school, or on a conveyance, owned,
20 leased, or contracted by a school to transport
21 students to or from school or a school related
22 activity), 11-9.1 (sexual exploitation of a child),
23 11-15.1 (soliciting for a juvenile prostitute),
24 11-17.1 (keeping a place of juvenile prostitution),
25 11-18.1 (patronizing a juvenile prostitute), 11-19.1
26 (juvenile pimping), 11-19.2 (exploitation of a
27 child), 11-20.1 (child pornography), 11-21 (harmful
28 material), 12-14.1 (predatory criminal sexual
29 assault of a child), 12-33 (ritualized abuse of a
30 child), 11-20 (obscenity) (when that offense was
31 committed in any school, on real property comprising
32 any school, in any conveyance owned, leased, or
33 contracted by a school to transport students to or
34 from school or a school related activity). An
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1 attempt to commit any of these offenses.
2 (ii) A violation of any of the following
3 Sections of the Criminal Code of 1961, when the
4 victim is a person under 18 years of age: 12-13
5 (criminal sexual assault), 12-14 (aggravated
6 criminal sexual assault), 12-15 (criminal sexual
7 abuse), 12-16 (aggravated criminal sexual abuse).
8 An attempt to commit any of these offenses.
9 (iii) A violation of any of the following
10 Sections of the Criminal Code of 1961, when the
11 victim is a person under 18 years of age and the
12 defendant is not a parent of the victim:
13 10-1 (kidnapping),
14 10-2 (aggravated kidnapping),
15 10-3 (unlawful restraint),
16 10-3.1 (aggravated unlawful restraint).
17 An attempt to commit any of these offenses.
18 (iv) A violation of any former law of this
19 State substantially equivalent to any offense listed
20 in clause (2)(i) of subsection (c) of this Section.
21 (3) A conviction for an offense of federal law or
22 the law of another state that is substantially equivalent
23 to any offense listed in paragraph (2) of subsection (c)
24 of this Section shall constitute a conviction for the
25 purpose of this Section. A finding or adjudication as a
26 sexually dangerous person under any federal law or law of
27 another state that is substantially equivalent to the
28 Sexually Dangerous Persons Act shall constitute an
29 adjudication for the purposes of this Section.
30 (4) "Public park" includes a park, forest preserve,
31 or conservation area under the jurisdiction of the State
32 or a unit of local government.
33 (5) "Loiter" means:
34 (i) Standing, sitting idly, whether or not the
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1 person is in a vehicle or remaining in or around
2 public park property.
3 (ii) Standing, sitting idly, whether or not
4 the person is in a vehicle or remaining in or around
5 public park property, for the purpose of committing
6 or attempting to commit a sex offense.
7 (d) Sentence. A person who violates this Section is
8 guilty of a Class 4 felony.