[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
92_HB5874eng HB5874 Engrossed LRB9215238RCsbA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 11-9.4 as follows: 6 (720 ILCS 5/11-9.4) 7 Sec. 11-9.4. Approaching, contacting, residing, or 8 communicating with a child within certain placespublic park9zoneby child 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 and to 14 approach, contact, or communicate with a child under 18 years 15 of age, unless the offender is a parent or guardian of a 16 person under 18 years of age present in the building or on 17 the grounds. 18 (b) It is unlawful for a child sex offender to knowingly 19 loiter on a public way within 500 feet of a public park 20 building or real property comprising any public park while 21 persons under the age of 18 are present in the building or on 22 the grounds and to approach, contact, or communicate with a 23 child under 18 years of age, unless the offender is a parent 24 or guardian of a person under 18 years of age present in the 25 building or on the grounds. 26 (b-5) It is unlawful for a child sex offender to 27 knowingly reside within 500 feet of a playground or a 28 facility providing programs or services exclusively directed 29 toward persons under 18 years of age. Nothing in this 30 subsection (b-5) prohibits a child sex offender from residing 31 within 500 feet of a playground or a facility providing HB5874 Engrossed -2- LRB9215238RCsbA 1 programs or services exclusively directed toward persons 2 under 18 years of age if the property is owned by the child 3 sex offender and was purchased before the effective date of 4 this amendatory Act of the 91st General Assembly. 5 (b-6) It is unlawful for a child sex offender to 6 knowingly reside within 500 feet of the victim of the sex 7 offense. Nothing in this subsection (b-6) prohibits a child 8 sex offender from residing within 500 feet of the victim if 9 the property in which the child sex offender resides is owned 10 by the child sex offender and was purchased before the 11 effective date of this amendatory Act of the 92nd General 12 Assembly. 13 This subsection (b-6) does not apply if the victim of the 14 sex offense is 21 years of age or older. 15 (c) It is unlawful for a child sex offender to knowingly 16 operate, manage, be employed by, volunteer at, be associated 17 with, or knowingly be present at any facility providing 18 programs or services exclusively directed towards persons 19 under the age of 18. This does not prohibit a child sex 20 offender from owning the real property upon which the 21 programs or services are offered, provided the child sex 22 offender refrains from being present on the premises for the 23 hours during which the programs or services are being 24 offered. 25 (d) Definitions. In this Section: 26 (1) "Child sex offender" means any person who: 27 (i) has been charged under Illinois law, or 28 any substantially similar federal law or law of 29 another state, with a sex offense set forth in 30 paragraph (2) of this subsection (d) or the attempt 31 to commit an included sex offense, and: 32 (A) is convicted of such offense or an 33 attempt to commit such offense; or 34 (B) is found not guilty by reason of HB5874 Engrossed -3- LRB9215238RCsbA 1 insanity of such offense or an attempt to 2 commit such offense; or 3 (C) is found not guilty by reason of 4 insanity pursuant to subsection (c) of Section 5 104-25 of the Code of Criminal Procedure of 6 1963 of such offense or an attempt to commit 7 such offense; or 8 (D) is the subject of a finding not 9 resulting in an acquittal at a hearing 10 conducted pursuant to subsection (a) of Section 11 104-25 of the Code of Criminal Procedure of 12 1963 for the alleged commission or attempted 13 commission of such offense; or 14 (E) is found not guilty by reason of 15 insanity following a hearing conducted pursuant 16 to a federal law or the law of another state 17 substantially similar to subsection (c) of 18 Section 104-25 of the Code of Criminal 19 Procedure of 1963 of such offense or of the 20 attempted commission of such offense; or 21 (F) is the subject of a finding not 22 resulting in an acquittal at a hearing 23 conducted pursuant to a federal law or the law 24 of another state substantially similar to 25 subsection (a) of Section 104-25 of the Code of 26 Criminal Procedure of 1963 for the alleged 27 violation or attempted commission of such 28 offense; or 29 (ii) is certified as a sexually dangerous 30 person pursuant to the Illinois Sexually Dangerous 31 Persons Act, or any substantially similar federal 32 law or the law of another state, when any conduct 33 giving rise to such certification is committed or 34 attempted against a person less than 18 years of HB5874 Engrossed -4- LRB9215238RCsbA 1 age; or 2 (iii) is subject to the provisions of Section 3 2 of the Interstate Agreements on Sexually Dangerous 4 Persons Act. 5 Convictions that result from or are connected with 6 the same act, or result from offenses committed at the 7 same time, shall be counted for the purpose of this 8 Section as one conviction. Any conviction set aside 9 pursuant to law is not a conviction for purposes of this 10 Section. 11 (2) Except as otherwise provided in paragraph 12 (2.5), "sex offense" means: 13 (i) A violation of any of the following 14 Sections of the Criminal Code of 1961: 10-7 (aiding 15 and abetting child abduction under Section 16 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 17 (indecent solicitation of a child), 11-6.5 (indecent 18 solicitation of an adult), 11-9 (public indecency 19 when committed in a school, on the real property 20 comprising a school, on a conveyance owned, leased, 21 or contracted by a school to transport students to 22 or from school or a school related activity, or in a 23 public park), 11-9.1 (sexual exploitation of a 24 child), 11-15.1 (soliciting for a juvenile 25 prostitute), 11-17.1 (keeping a place of juvenile 26 prostitution), 11-18.1 (patronizing a juvenile 27 prostitute), 11-19.1 (juvenile pimping), 11-19.2 28 (exploitation of a child), 11-20.1 (child 29 pornography), 11-21 (harmful material), 12-14.1 30 (predatory criminal sexual assault of a child), 31 12-33 (ritualized abuse of a child), 11-20 32 (obscenity) (when that offense was committed in any 33 school, on real property comprising any school, on 34 any conveyance owned, leased, or contracted by a HB5874 Engrossed -5- LRB9215238RCsbA 1 school to transport students to or from school or a 2 school related activity, or in a public park). An 3 attempt to commit any of these offenses. 4 (ii) A violation of any of the following 5 Sections of the Criminal Code of 1961, when the 6 victim is a person under 18 years of age: 12-13 7 (criminal sexual assault), 12-14 (aggravated 8 criminal sexual assault), 12-15 (criminal sexual 9 abuse), 12-16 (aggravated criminal sexual abuse). 10 An attempt to commit any of these offenses. 11 (iii) A violation of any of the following 12 Sections of the Criminal Code of 1961, when the 13 victim is a person under 18 years of age and the 14 defendant is not a parent of the victim: 15 10-1 (kidnapping), 16 10-2 (aggravated kidnapping), 17 10-3 (unlawful restraint), 18 10-3.1 (aggravated unlawful restraint). 19 An attempt to commit any of these offenses. 20 (iv) A violation of any former law of this 21 State substantially equivalent to any offense listed 22 in clause (2)(i) of this subsection (d). 23 (2.5) For the purposes of subsection (b-5) only, a 24 sex offense means: 25 (i) A violation of any of the following 26 Sections of the Criminal Code of 1961: 27 10-5(b)(10) (child luring), 10-7 (aiding 28 and abetting child abduction under Section 29 10-5(b)(10)), 11-6 (indecent solicitation of a 30 child), 11-6.5 (indecent solicitation of an 31 adult), 11-15.1 (soliciting for a juvenile 32 prostitute), 11-17.1 (keeping a place of 33 juvenile prostitution), 11-18.1 (patronizing a 34 juvenile prostitute), 11-19.1 (juvenile HB5874 Engrossed -6- LRB9215238RCsbA 1 pimping), 11-19.2 (exploitation of a child), 2 11-20.1 (child pornography), 12-14.1 (predatory 3 criminal sexual assault of a child), or 12-33 4 (ritualized abuse of a child). An attempt to 5 commit any of these offenses. 6 (ii) A violation of any of the following 7 Sections of the Criminal Code of 1961, when the 8 victim is a person under 18 years of age: 12-13 9 (criminal sexual assault), 12-14 (aggravated 10 criminal sexual assault), 12-16 (aggravated criminal 11 sexual abuse), and subsection (a) of Section 12-15 12 (criminal sexual abuse). An attempt to commit any 13 of these offenses. 14 (iii) A violation of any of the following 15 Sections of the Criminal Code of 1961, when the 16 victim is a person under 18 years of age and the 17 defendant is not a parent of the victim: 18 10-1 (kidnapping), 19 10-2 (aggravated kidnapping), 20 10-3 (unlawful restraint), 21 10-3.1 (aggravated unlawful restraint). 22 An attempt to commit any of these offenses. 23 (iv) A violation of any former law of this 24 State substantially equivalent to any offense listed 25 in this paragraph (2.5) of this subsection. 26 (3) A conviction for an offense of federal law or 27 the law of another state that is substantially equivalent 28 to any offense listed in paragraph (2) of this 29 subsection (d) shall constitute a conviction for the 30 purpose of this Section. A finding or adjudication as a 31 sexually dangerous person under any federal law or law of 32 another state that is substantially equivalent to the 33 Sexually Dangerous Persons Act shall constitute an 34 adjudication for the purposes of this Section. HB5874 Engrossed -7- LRB9215238RCsbA 1 (4) "Public park" includes a park, forest preserve, 2 or conservation area under the jurisdiction of the State 3 or a unit of local government. 4 (5) "Facility providing programs or services 5 directed towards persons under the age of 18" means any 6 facility providing programs or services exclusively 7 directed towards persons under the age of 18. 8 (6) "Loiter" means: 9 (i) Standing, sitting idly, whether or not the 10 person is in a vehicle or remaining in or around 11 public park property. 12 (ii) Standing, sitting idly, whether or not 13 the person is in a vehicle or remaining in or around 14 public park property, for the purpose of committing 15 or attempting to commit a sex offense. 16 (7) "Playground" means a piece of land owned or 17 controlled by a unit of local government that is 18 designated by the unit of local government for use solely 19 or primarily for children's recreation. 20 (e) Sentence. A person who violates this Section is 21 guilty of a Class 4 felony. 22 (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00.)