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92_SB0402
LRB9200747ARcd
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 11-9.5.
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 11-9.5 as follows:
7 (720 ILCS 5/11-9.5 new)
8 Sec. 11-9.5. Residing in the same residence as child
9 prohibited for child sex offenders.
10 (a) It is unlawful for a child sex offender to knowingly
11 be present at or reside in a residence where one or more
12 persons under the age of 18 also reside, unless the offender
13 is a parent or guardian of a person under the age of 18 who
14 resides in that residence.
15 (b) Definitions. In this Section:
16 (1) "Child sex offender" means any person who:
17 (i) has been charged under Illinois law, or
18 any substantially similar federal law or law of
19 another state, with a sex offense set forth in
20 paragraph (2) of this subsection (b) or the attempt
21 to commit an included sex offense, and:
22 (A) is convicted of such offense or an
23 attempt to commit such offense; or
24 (B) is found not guilty by reason of
25 insanity of such offense or an attempt to
26 commit such offense; or
27 (C) is found not guilty by reason of
28 insanity pursuant to subsection (c) of Section
29 104-25 of the Code of Criminal Procedure of
30 1963 of such offense or an attempt to commit
31 such offense; or
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1 (D) is the subject of a finding not
2 resulting in an acquittal at a hearing
3 conducted pursuant to subsection (a) of Section
4 104-25 of the Code of Criminal Procedure of
5 1963 for the alleged commission or attempted
6 commission of such offense; or
7 (E) is found not guilty by reason of
8 insanity following a hearing conducted pursuant
9 to a federal law or the law of another state
10 substantially similar to subsection (c) of
11 Section 104-25 of the Code of Criminal
12 Procedure of 1963 of such offense or of the
13 attempted commission of such offense; or
14 (F) is the subject of a finding not
15 resulting in an acquittal at a hearing
16 conducted pursuant to a federal law or the law
17 of another state substantially similar to
18 subsection (a) of Section 104-25 of the Code of
19 Criminal Procedure of 1963 for the alleged
20 violation or attempted commission of such
21 offense; or
22 (ii) is certified as a sexually dangerous
23 person pursuant to the Illinois Sexually Dangerous
24 Persons Act, or any substantially similar federal
25 law or law of another state, when any conduct giving
26 rise to such certification is committed or attempted
27 against a person less than 18 years of age; or
28 (iii) is subject to the provisions of Section
29 2 of the Interstate Agreements on Sexually Dangerous
30 Persons Act.
31 Convictions that result from or are connected with
32 the same act, or result from offenses committed at the
33 same time, shall be counted for the purpose of this
34 Section as one conviction. Any conviction set aside
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1 pursuant to law is not a conviction for purposes of this
2 Section.
3 (2) "Sex offense" means:
4 (i) A violation of any of the following
5 Sections of the Criminal Code of 1961: 10-7 (aiding
6 and abetting child abduction under Section
7 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
8 (indecent solicitation of a child), 11-6.5 (indecent
9 solicitation of an adult), 11-9 (public indecency
10 when committed in a school, on the real property
11 comprising a school, or on a conveyance, owned,
12 leased, or contracted by a school to transport
13 students to or from school or a school related
14 activity), 11-9.1 (sexual exploitation of a child),
15 11-15.1 (soliciting for a juvenile prostitute),
16 11-17.1 (keeping a place of juvenile prostitution),
17 11-18.1 (patronizing a juvenile prostitute), 11-19.1
18 (juvenile pimping), 11-19.2 (exploitation of a
19 child), 11-20.1 (child pornography), 11-21 (harmful
20 material), 12-14.1 (predatory criminal sexual
21 assault of a child), 12-33 (ritualized abuse of a
22 child), 11-20 (obscenity) (when that offense was
23 committed in any school, on real property comprising
24 any school, in any conveyance owned, leased, or
25 contracted by a school to transport students to or
26 from school or a school related activity). An
27 attempt to commit any of these offenses.
28 (ii) A violation of any of the following
29 Sections of the Criminal Code of 1961, when the
30 victim is a person under 18 years of age: 12-13
31 (criminal sexual assault), 12-14 (aggravated
32 criminal sexual assault), 12-15 (criminal sexual
33 abuse), 12-16 (aggravated criminal sexual abuse).
34 An attempt to commit any of these offenses.
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1 (iii) A violation of any of the following
2 Sections of the Criminal Code of 1961, when the
3 victim is a person under 18 years of age and the
4 defendant is not a parent of the victim:
5 10-1 (kidnapping),
6 10-2 (aggravated kidnapping),
7 10-3 (unlawful restraint),
8 10-3.1 (aggravated unlawful restraint).
9 An attempt to commit any of these offenses.
10 (iv) A violation of any former law of this
11 State substantially equivalent to any offense listed
12 in clause (2)(i) of subsection (c) of this Section.
13 (3) A conviction for an offense under federal law
14 or the law of another state that is substantially
15 equivalent to any offense listed in paragraph (2) of
16 subsection (c) of this Section shall constitute a
17 conviction for the purpose of this Article. A finding or
18 adjudication as a sexually dangerous person under any
19 federal law or law of another state that is substantially
20 equivalent to the Sexually Dangerous Persons Act shall
21 constitute an adjudication for the purposes of this
22 Section.
23 (4) "Reside" means to receive mail at or to stay
24 overnight at the residence.
25 (c) Sentence. A person who violates this Section is
26 guilty of a Class 4 felony.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.