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|[ Introduced ]||[ Senate Amendment 001 ]|
91_HB1079eng HB1079 Engrossed LRB9102853RCks 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 park zone by child sex 9 offenders prohibited. 10 (a) It is unlawful for a child sex offender to knowingly 11 be present in any park building or on real property 12 comprising any park, when persons under the age of 18 are 13 present in the building or on the grounds, unless the 14 offender: 15 (1) is a parent or guardian of a person under 18 16 years of age present in the building or on the grounds; 17 or 18 (2) has permission to be present from the 19 superintendent or administrator of the park or from the 20 park district board or if a State conservation area from 21 the Department of Natural Resources. 22 (b) It is unlawful for a child sex offender to knowingly 23 loiter on a public way within 500 feet of a park building or 24 real property comprising any park while persons under the age 25 of 18 are present in the building or on the grounds, unless 26 the offender: 27 (1) is a parent or guardian of a person under 18 28 years of age present in the building or on the grounds; 29 or 30 (2) has permission to be present from the 31 superintendent or administrator of the park or from the HB1079 Engrossed -2- LRB9102853RCks 1 park district board or if a State conservation area from 2 the Department of Natural Resources. 3 (c) Definitions. In this Section: 4 (1) "Child sex offender" means any person who: 5 (i) has been charged under Illinois law, or 6 any substantially similar federal law or law of 7 another state, with a sex offense set forth in 8 paragraph (2) of this subsection (c) or the attempt 9 to commit an included sex offense, and: 10 (A) is convicted of the offense or an 11 attempt to commit the offense; or 12 (B) is found not guilty by reason of 13 insanity of the offense or an attempt to commit 14 the offense; or 15 (C) is found not guilty by reason of 16 insanity under subsection (c) of Section 104-25 17 of the Code of Criminal Procedure of 1963 of 18 the offense or an attempt to commit the 19 offense; or 20 (D) is the subject of a finding not 21 resulting in an acquittal at a hearing 22 conducted under subsection (a) of Section 23 104-25 of the Code of Criminal Procedure of 24 1963 for the alleged commission or attempted 25 commission of the offense; or 26 (E) is found not guilty by reason of 27 insanity following a hearing conducted under a 28 federal law or the law of another state 29 substantially similar to subsection (c) of 30 Section 104-25 of the Code of Criminal 31 Procedure of 1963 of the offense or of the 32 attempted commission of the offense; or 33 (F) is the subject of a finding not 34 resulting in an acquittal at a hearing HB1079 Engrossed -3- LRB9102853RCks 1 conducted under a federal law or the law of 2 another state substantially similar to 3 subsection (a) of Section 104-25 of the Code of 4 Criminal Procedure of 1963 for the alleged 5 violation or attempted commission of the 6 offense; or 7 (ii) is certified as a sexually dangerous 8 person under the Illinois Sexually Dangerous Persons 9 Act, or any substantially similar federal law or the 10 law of another state, when any conduct giving rise 11 to the certification is committed or attempted 12 against a person less than 18 years of age; or 13 (iii) is subject to the provisions of Section 14 2 of the Interstate Agreements on Sexually Dangerous 15 Persons Act. 16 Convictions that result from or are connected with the 17 same act, or result from offenses committed at the same time, 18 must be counted for the purpose of this Section as one 19 conviction. Any conviction set aside under law is not a 20 conviction for purposes of this Section. 21 (2) "Sex offense" means: 22 (i) A violation of any of the following 23 Sections of the Criminal Code of 1961: 10-7 (aiding 24 and abetting child abduction under Section 25 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 26 (indecent solicitation of a child), 11-6.5 (indecent 27 solicitation of an adult), 11-9 (public indecency 28 when committed in a school, on the real property 29 comprising a school, or on a conveyance, owned, 30 leased, or contracted by a school to transport 31 students to or from school or a school related 32 activity), 11-9.1 (sexual exploitation of a child), 33 11-15.1 (soliciting for a juvenile prostitute), 34 11-17.1 (keeping a place of juvenile prostitution), HB1079 Engrossed -4- LRB9102853RCks 1 11-18.1 (patronizing a juvenile prostitute), 11-19.1 2 (juvenile pimping), 11-19.2 (exploitation of a 3 child), 11-20.1 (child pornography), 11-21 (harmful 4 material), 12-14.1 (predatory criminal sexual 5 assault of a child), 12-33 (ritualized abuse of a 6 child), 11-20 (obscenity) (when that offense was 7 committed in any school, on real property comprising 8 any school, in any conveyance owned, leased, or 9 contracted by a school to transport students to or 10 from school or a school related activity). An 11 attempt to commit any of these offenses. 12 (ii) A violation of any of the following 13 Sections of the Criminal Code of 1961, when the 14 victim is a person under 18 years of age: 12-13 15 (criminal sexual assault), 12-14 (aggravated 16 criminal sexual assault), 12-15 (criminal sexual 17 abuse), 12-16 (aggravated criminal sexual abuse). 18 An attempt to commit any of these offenses. 19 (iii) A violation of any of the following 20 Sections of the Criminal Code of 1961, when the 21 victim is a person under 18 years of age and the 22 defendant is not a parent of the victim: 23 10-1 (kidnapping), 24 10-2 (aggravated kidnapping), 25 10-3 (unlawful restraint), 26 10-3.1 (aggravated unlawful restraint). 27 An attempt to commit any of these offenses. 28 (iv) A violation of any former law of this 29 State substantially equivalent to any offense listed 30 in clause (2)(i) of subsection (c) of this Section. 31 (3) A conviction for an offense of federal law or 32 the law of another state that is substantially equivalent 33 to any offense listed in paragraph (2) of subsection (c) 34 of this Section constitutes a conviction for the purpose HB1079 Engrossed -5- LRB9102853RCks 1 of this Section. A finding or adjudication as a sexually 2 dangerous person under any federal law or law of another 3 state that is substantially equivalent to the Sexually 4 Dangerous Persons Act constitutes an adjudication for the 5 purposes of this Section. 6 (4) "Park" means a park organized under the Park 7 District Code or the Chicago Park District Act, a forest 8 preserve organized under the Cook County Forest Preserve 9 District Act or the Downstate Forest Preserve District 10 Act, or a conservation area under the jurisdiction of the 11 Department of Natural Resources. 12 (5) "Loiter" means: 13 (i) Standing, sitting idly, whether or not the 14 person is in a vehicle or remaining in or around 15 park property. 16 (ii) Standing, sitting idly, whether or not 17 the person is in a vehicle or remaining in or around 18 park property, for the purpose of committing or 19 attempting to commit a sex offense. 20 (d) Sentence. A person who violates this Section is 21 guilty of a Class 4 felony. 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.
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