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91_SB0007eng SB7 Engrossed 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. Approaching, contacting, or communicating 9 with a child within public park zone by child sex offenders 10 prohibited. 11 (a) It is unlawful for a child sex offender to knowingly 12 be present in any public park building or on real property 13 comprising any public park when persons under the age of 18 14 are present in the building or on the grounds and to 15 approach, contact, or communicate with a child under 18 years 16 of age, unless the offender is a parent or guardian of a 17 person under 18 years of age present in the building or on 18 the grounds. 19 (b) It is unlawful for a child sex offender to knowingly 20 loiter on a public way within 500 feet of a public park 21 building or real property comprising any public park while 22 persons under the age of 18 are present in the building or on 23 the grounds and to approach, contact, or communicate with a 24 child under 18 years of age, unless the offender is a parent 25 or guardian of a person under 18 years of age present in the 26 building or on the grounds. 27 (c) It is unlawful for a child sex offender to knowingly 28 operate, manage, be employed by, volunteer at, be associated 29 with, or knowingly be present at any facility providing 30 programs or services exclusively directed towards persons 31 under the age of 18. This does not prohibit a child sex SB7 Engrossed -2- LRB9100704RCgc 1 offender from owning the real property upon which the 2 programs or services are offered, provided the child sex 3 offender refrains from being present on the premises for the 4 hours during which the programs or services are being 5 offered. 6 (d) 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 (d) or the attempt 12 to commit an included sex offense, and: 13 (A) is convicted of such offense or an 14 attempt to commit such offense; or 15 (B) is found not guilty by reason of 16 insanity of such offense or an attempt to 17 commit such offense; or 18 (C) is found not guilty by reason of 19 insanity pursuant to subsection (c) of Section 20 104-25 of the Code of Criminal Procedure of 21 1963 of such offense or an attempt to commit 22 such offense; or 23 (D) is the subject of a finding not 24 resulting in an acquittal at a hearing 25 conducted pursuant 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 such offense; or 29 (E) is found not guilty by reason of 30 insanity following a hearing conducted pursuant 31 to a 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 such offense or of the SB7 Engrossed -3- LRB9100704RCgc 1 attempted commission of such offense; or 2 (F) is the subject of a finding not 3 resulting in an acquittal at a hearing 4 conducted pursuant to a federal law or the law 5 of 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 such 9 offense; or 10 (ii) is certified as a sexually dangerous 11 person pursuant to the Illinois Sexually Dangerous 12 Persons Act, or any substantially similar federal 13 law or the law of another state, when any conduct 14 giving rise to such certification is committed or 15 attempted against a person less than 18 years of 16 age; or 17 (iii) is subject to the provisions of Section 18 2 of the Interstate Agreements on Sexually Dangerous 19 Persons Act. 20 Convictions that result from or are connected with the 21 same act, or result from offenses committed at the same time, 22 shall be counted for the purpose of this Section as one 23 conviction. Any conviction set aside pursuant to law is not 24 a conviction for purposes of this Section. 25 (2) "Sex offense" means: 26 (i) A violation of any of the following 27 Sections of the Criminal Code of 1961: 10-7 (aiding 28 and abetting child abduction under Section 29 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 30 (indecent solicitation of a child), 11-6.5 (indecent 31 solicitation of an adult), 11-9 (public indecency 32 when committed in a school, on the real property 33 comprising a school, on a conveyance owned, leased, 34 or contracted by a school to transport students to SB7 Engrossed -4- LRB9100704RCgc 1 or from school or a school related activity, or in a 2 public park), 11-9.1 (sexual exploitation of a 3 child), 11-15.1 (soliciting for a juvenile 4 prostitute), 11-17.1 (keeping a place of juvenile 5 prostitution), 11-18.1 (patronizing a juvenile 6 prostitute), 11-19.1 (juvenile pimping), 11-19.2 7 (exploitation of a child), 11-20.1 (child 8 pornography), 11-21 (harmful material), 12-14.1 9 (predatory criminal sexual assault of a child), 10 12-33 (ritualized abuse of a child), 11-20 11 (obscenity) (when that offense was committed in any 12 school, on real property comprising any school, on 13 any conveyance owned, leased, or contracted by a 14 school to transport students to or from school or a 15 school related activity, or in a public park). An 16 attempt to commit any of these offenses. 17 (ii) A violation of any of the following 18 Sections of the Criminal Code of 1961, when the 19 victim is a person under 18 years of age: 12-13 20 (criminal sexual assault), 12-14 (aggravated 21 criminal sexual assault), 12-15 (criminal sexual 22 abuse), 12-16 (aggravated criminal sexual abuse). 23 An attempt to commit any of these offenses. 24 (iii) A violation of any of the following 25 Sections of the Criminal Code of 1961, when the 26 victim is a person under 18 years of age and the 27 defendant is not a parent of the victim: 28 10-1 (kidnapping), 29 10-2 (aggravated kidnapping), 30 10-3 (unlawful restraint), 31 10-3.1 (aggravated unlawful restraint). 32 An attempt to commit any of these offenses. 33 (iv) A violation of any former law of this 34 State substantially equivalent to any offense listed SB7 Engrossed -5- LRB9100704RCgc 1 in clause (2)(i) of this subsection (d). 2 (3) A conviction for an offense of federal law or 3 the law of another state that is substantially equivalent 4 to any offense listed in paragraph (2) of this 5 subsection (d) shall constitute a conviction for the 6 purpose of this Section. A finding or adjudication as a 7 sexually dangerous person under any federal law or law of 8 another state that is substantially equivalent to the 9 Sexually Dangerous Persons Act shall constitute an 10 adjudication for the purposes of this Section. 11 (4) "Public park" includes a park, forest preserve, 12 or conservation area under the jurisdiction of the State 13 or a unit of local government. 14 (5) "Facility providing programs or services 15 directed towards persons under the age of 18" means any 16 facility providing programs or services exclusively 17 directed towards persons under the age of 18. 18 (6) "Loiter" means: 19 (i) Standing, sitting idly, whether or not the 20 person is in a vehicle or remaining in or around 21 public park property. 22 (ii) Standing, sitting idly, whether or not 23 the person is in a vehicle or remaining in or around 24 public park property, for the purpose of committing 25 or attempting to commit a sex offense. 26 (e) Sentence. A person who violates this Section is 27 guilty of a Class 4 felony.