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91_HB1079sam001 LRB9102853RCksam01 1 AMENDMENT TO HOUSE BILL 1079 2 AMENDMENT NO. . Amend House Bill 1079 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Criminal Code of 1961 is amended by 5 adding Section 11-9.4 as follows: 6 (720 ILCS 5/11-9.4 new) 7 Sec. 11-9.4. Approaching, contacting, or communicating 8 with a child within public park zone by child sex offenders 9 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 -2- LRB9102853RCksam01 1 child under 18 years of age, unless the offender is a parent 2 or guardian of a person under 18 years of age present in the 3 building or on the grounds. 4 (c) It is unlawful for a child sex offender to knowingly 5 operate, manage, be employed by, volunteer at, be associated 6 with, or knowingly be present at any facility providing 7 programs or services exclusively directed towards persons 8 under the age of 18. This does not prohibit a child sex 9 offender from owning the real property upon which the 10 programs or services are offered, provided the child sex 11 offender refrains from being present on the premises for the 12 hours during which the programs or services are being 13 offered. 14 (d) Definitions. In this Section: 15 (1) "Child sex offender" means any person who: 16 (i) has been charged under Illinois law, or 17 any substantially similar federal law or law of 18 another state, with a sex offense set forth in 19 paragraph (2) of this subsection (d) or the attempt 20 to commit an included sex offense, and: 21 (A) is convicted of such offense or an 22 attempt to commit such offense; or 23 (B) is found not guilty by reason of 24 insanity of such offense or an attempt to 25 commit such offense; or 26 (C) is found not guilty by reason of 27 insanity pursuant to subsection (c) of Section 28 104-25 of the Code of Criminal Procedure of 29 1963 of such offense or an attempt to commit 30 such offense; or 31 (D) is the subject of a finding not 32 resulting in an acquittal at a hearing 33 conducted pursuant to subsection (a) of Section 34 104-25 of the Code of Criminal Procedure of -3- LRB9102853RCksam01 1 1963 for the alleged commission or attempted 2 commission of such offense; or 3 (E) is found not guilty by reason of 4 insanity following a hearing conducted pursuant 5 to a federal law or the law of another state 6 substantially similar to subsection (c) of 7 Section 104-25 of the Code of Criminal 8 Procedure of 1963 of such offense or of the 9 attempted commission of such offense; or 10 (F) is the subject of a finding not 11 resulting in an acquittal at a hearing 12 conducted pursuant to a federal law or the law 13 of another state substantially similar to 14 subsection (a) of Section 104-25 of the Code of 15 Criminal Procedure of 1963 for the alleged 16 violation or attempted commission of such 17 offense; or 18 (ii) is certified as a sexually dangerous 19 person pursuant to the Illinois Sexually Dangerous 20 Persons Act, or any substantially similar federal 21 law or the law of another state, when any conduct 22 giving rise to such certification is committed or 23 attempted against a person less than 18 years of 24 age; or 25 (iii) is subject to the provisions of Section 26 2 of the Interstate Agreements on Sexually Dangerous 27 Persons Act. 28 Convictions that result from or are connected with 29 the same act, or result from offenses committed at the 30 same time, shall be counted for the purpose of this 31 Section as one conviction. Any conviction set aside 32 pursuant to law is not a conviction for purposes of this 33 Section. 34 (2) "Sex offense" means: -4- LRB9102853RCksam01 1 (i) A violation of any of the following 2 Sections of the Criminal Code of 1961: 10-7 (aiding 3 and abetting child abduction under Section 4 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 5 (indecent solicitation of a child), 11-6.5 (indecent 6 solicitation of an adult), 11-9 (public indecency 7 when committed in a school, on the real property 8 comprising a school, on a conveyance owned, leased, 9 or contracted by a school to transport students to 10 or from school or a school related activity, or in a 11 public park), 11-9.1 (sexual exploitation of a 12 child), 11-15.1 (soliciting for a juvenile 13 prostitute), 11-17.1 (keeping a place of juvenile 14 prostitution), 11-18.1 (patronizing a juvenile 15 prostitute), 11-19.1 (juvenile pimping), 11-19.2 16 (exploitation of a child), 11-20.1 (child 17 pornography), 11-21 (harmful material), 12-14.1 18 (predatory criminal sexual assault of a child), 19 12-33 (ritualized abuse of a child), 11-20 20 (obscenity) (when that offense was committed in any 21 school, on real property comprising any school, on 22 any conveyance owned, leased, or contracted by a 23 school to transport students to or from school or a 24 school related activity, or in a public park). An 25 attempt to commit any of these offenses. 26 (ii) A violation of any of the following 27 Sections of the Criminal Code of 1961, when the 28 victim is a person under 18 years of age: 12-13 29 (criminal sexual assault), 12-14 (aggravated 30 criminal sexual assault), 12-15 (criminal sexual 31 abuse), 12-16 (aggravated criminal sexual abuse). 32 An attempt to commit any of these offenses. 33 (iii) A violation of any of the following 34 Sections of the Criminal Code of 1961, when the -5- LRB9102853RCksam01 1 victim is a person under 18 years of age and the 2 defendant is not a parent of the victim: 3 10-1 (kidnapping), 4 10-2 (aggravated kidnapping), 5 10-3 (unlawful restraint), 6 10-3.1 (aggravated unlawful restraint). 7 An attempt to commit any of these offenses. 8 (iv) A violation of any former law of this 9 State substantially equivalent to any offense listed 10 in clause (2)(i) of this subsection (d). 11 (3) A conviction for an offense of federal law or 12 the law of another state that is substantially equivalent 13 to any offense listed in paragraph (2) of this 14 subsection (d) shall constitute a conviction for the 15 purpose of this Section. A finding or adjudication as a 16 sexually dangerous person under any federal law or law of 17 another state that is substantially equivalent to the 18 Sexually Dangerous Persons Act shall constitute an 19 adjudication for the purposes of this Section. 20 (4) "Public park" includes a park, forest preserve, 21 or conservation area under the jurisdiction of the State 22 or a unit of local government. 23 (5) "Facility providing programs or services 24 directed towards persons under the age of 18" means any 25 facility providing programs or services exclusively 26 directed towards persons under the age of 18. 27 (6) "Loiter" means: 28 (i) Standing, sitting idly, whether or not the 29 person is in a vehicle or remaining in or around 30 public park property. 31 (ii) Standing, sitting idly, whether or not 32 the person is in a vehicle or remaining in or around 33 public park property, for the purpose of committing 34 or attempting to commit a sex offense. -6- LRB9102853RCksam01 1 (e) Sentence. A person who violates this Section is 2 guilty of a Class 4 felony.".
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