HB4207 Engrossed

LRB095 14731 RLC 40658 b






1
    AN ACT concerning 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 changing 
5
Section 11-9.4 as follows:
 



6
    (720 ILCS 5/11-9.4)

7
    (Text of Section after amendment by P.A. 95-640)
8
    Sec. 11-9.4. Approaching, contacting, residing, or 
9
communicating with a
child within certain places by child sex 
10
offenders
prohibited.

11
    (a) It is unlawful for a child sex offender to knowingly be 
12
present in any
public park building or on real property 
13
comprising any public park
when persons under the age of
18 are

14
present in the building or on the grounds
and to approach, 
15
contact, or communicate with a child under 18 years of
age,

16
unless the
offender
is a parent or guardian of a person under 
17
18 years of age present in the
building or on 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 or 
 


 






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1
guardian of a person under 18 years of age present in the

2
building or on the grounds.

3
    (b-5) It is unlawful for a child sex offender to knowingly 
4
reside within
500 feet of a playground, child care institution, 
5
day care center, part day child care facility, or a facility 
6
providing programs or services
exclusively directed toward 
7
persons under 18 years of age.  Nothing in this
subsection (b-5) 
8
prohibits a child sex offender from residing within 500 feet
of 
9
a playground or a facility providing programs or services 
10
exclusively
directed toward persons under 18 years of age if 
11
the property is owned by the
child sex offender and was 
12
purchased before the effective date of this
amendatory Act of 
13
the 91st General Assembly. Nothing in this
subsection (b-5) 
14
prohibits a child sex offender from residing within 500 feet
of 
15
a child care institution, day care center, or part day child 
16
care facility if the property is owned by the
child sex 
17
offender and was purchased before the effective date of this

18
amendatory Act of the 94th General Assembly.

19
    (b-6) It is unlawful for a child sex offender to knowingly 
20
reside within
500 feet of the victim of the sex offense.  
21
Nothing in this
subsection (b-6) prohibits a child sex offender 
22
from residing within 500 feet
of the victim
if the property in 
23
which the child sex offender resides is owned by the
child sex 
24
offender and was purchased before the effective date of this

25
amendatory Act of the 92nd General Assembly.

26
    This subsection (b-6) does not apply if the victim of the 
 


 






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sex offense
is 21 years of age or older.

2
    (c) It is unlawful for a child sex offender to knowingly 
3
operate, manage,
be employed by, volunteer at, be associated 
4
with, or knowingly be present at
any: (i) facility providing

5
programs or services exclusively directed towards persons 
6
under the age of 18; (ii) day care center; (iii) part day child 
7
care facility; (iv) child care institution, or (v) school 
8
providing before and after school programs for children under 
9
18 years of age.
This does not prohibit a child sex offender 
10
from owning the real property upon
which the programs or 
11
services are offered or upon which the day care center, part 
12
day child care facility,  child care institution, or school 
13
providing before and after school programs for children under 
14
18 years of age is located, provided the child sex offender

15
refrains from being present on the premises for the hours 
16
during which: (1) the
programs or services are being offered or 
17
(2) the day care center, part day child care facility, child 
18
care institution, or  school providing before and after school 
19
programs for children under 18 years of age is operated.

20
    (c-5) It is unlawful for a child sex offender to knowingly 
21
operate, manage, be employed by, or be associated with any 
22
county fair when persons under the age of 18 are present.

23
    (c-6)  It is unlawful for a child sex offender who owns and 
24
resides at residential real estate   to knowingly rent such real 
25
estate to a person who is the parent or guardian of a child or 
26
children under 18 years of age. 
 


 






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    (d) Definitions.  In this Section:


2
        (1) "Child sex offender" means any person who:


3
            (i) has been charged under Illinois law, or any 
4
        substantially similar
federal law
or law of another 
5
        state, with a sex offense set forth in
paragraph (2) of 
6
        this subsection (d) or the attempt to commit an 
7
        included sex
offense, and:


8
                (A) is convicted of such offense or an attempt 
9
            to commit such offense;
or


10
                (B) is found not guilty by reason of insanity 
11
            of such offense or an
attempt to commit such 
12
            offense; or


13
                (C) is found not guilty by reason of insanity 
14
            pursuant to subsection
(c) of Section 104-25 of the 
15
            Code of Criminal Procedure of 1963 of such offense

16
            or an attempt to commit such offense; or


17
                (D) is the subject of a finding not resulting 
18
            in an acquittal at a
hearing conducted pursuant to 
19
            subsection (a) of Section 104-25 of the Code of

20
            Criminal Procedure of 1963 for the alleged 
21
            commission or attempted commission
of such 
22
            offense; or


23
                (E) is found not guilty by reason of insanity 
24
            following a hearing
conducted pursuant to a 
25
            federal law or the law of another state 
26
            substantially
similar to subsection (c) of Section 
 


 






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            104-25 of the Code of Criminal Procedure
of 1963 of 
2
            such offense or of the attempted commission of such 
3
            offense; or


4
                (F) is the subject of a finding not resulting 
5
            in an acquittal at a
hearing
conducted pursuant to 
6
            a federal law or the law of another state 
7
            substantially
similar to subsection (a) of Section 
8
            104-25 of the Code of Criminal Procedure
of 1963 
9
            for the alleged violation or attempted commission 
10
            of such offense; or


11
            (ii) is certified as a sexually dangerous person 
12
        pursuant to the
Illinois
Sexually Dangerous Persons 
13
        Act, or any substantially similar federal
law or the 
14
        law of another state, when any conduct giving rise to 
15
        such
certification is committed or attempted against a 
16
        person less than 18 years of
age; or


17
            (iii) is subject to the provisions of Section 2 of 
18
        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 
22
    time, shall be counted for the purpose of
this Section as 
23
    one conviction.  Any conviction set aside pursuant to law is

24
    not a conviction for purposes of this Section.


25
        (2) Except as otherwise provided in paragraph (2.5), 
26
    "sex offense"
means:


 


 






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            (i) A violation of any of the following Sections of 
2
        the Criminal Code of
1961: 10-7 (aiding and abetting 
3
        child abduction under Section 10-5(b)(10)),

4
        10-5(b)(10) (child luring), 11-6 (indecent 
5
        solicitation of a child), 11-6.5
(indecent 
6
        solicitation of an adult),
11-9 (public indecency when 
7
        committed in a school, on the real property
comprising 
8
        a school, on a conveyance owned, leased, or contracted 
9
        by a
school to transport students to or from school or 
10
        a school related activity, or
in a public park),
11-9.1 
11
        (sexual exploitation of a child), 11-15.1 (soliciting 
12
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
13
        juvenile prostitution), 11-18.1
(patronizing a 
14
        juvenile prostitute), 11-19.1 (juvenile pimping),

15
        11-19.2 (exploitation of a child), 11-20.1 (child 
16
        pornography), 11-20.3 (aggravated child pornography), 
17
        11-21 (harmful
material), 12-14.1
(predatory criminal 
18
        sexual assault of a child), 12-33 (ritualized abuse of 
19
        a
child), 11-20 (obscenity) (when that offense was 
20
        committed in any school, on
real property comprising 
21
        any school, on any conveyance owned,
leased, or 
22
        contracted by a school to transport students to or from 
23
        school or a
school related activity, or in a public 
24
        park).  An attempt to commit any of
these offenses.


25
            (ii) A violation of any of the following Sections 
26
        of the Criminal Code
of 1961, when the victim is a 
 


 






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        person under 18 years of age: 12-13 (criminal
sexual 
2
        assault), 12-14 (aggravated criminal sexual assault), 
3
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
4
        criminal sexual abuse).  An attempt to commit
any of 
5
        these offenses.


6
            (iii) A violation of any of the following Sections 
7
        of the Criminal Code
of 1961, when the victim is a 
8
        person under 18 years of age and the defendant is
not a 
9
        parent of the victim:


10
            10-1 (kidnapping),


11
            10-2 (aggravated kidnapping),


12
            10-3 (unlawful restraint),


13
            10-3.1 (aggravated unlawful restraint).


14
            An attempt to commit any of these offenses.


15
            (iv) A violation of any former law of this State 
16
        substantially
equivalent to any offense listed in 
17
        clause (2)(i) of this subsection (d).


18
        (2.5) For the purposes of subsection (b-5) only, a sex 
19
    offense means:


20
            (i) A violation of any of the following Sections of 
21
        the Criminal Code of
1961:


22
                10-5(b)(10) (child luring), 10-7 (aiding and 
23
            abetting child abduction
under Section 
24
            10-5(b)(10)), 11-6 (indecent solicitation of
a

25
            child), 11-6.5 (indecent solicitation of an 
26
            adult), 11-15.1 (soliciting for a
juvenile

 


 






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            prostitute), 11-17.1 (keeping a place of juvenile 
2
            prostitution), 11-18.1
(patronizing a juvenile 
3
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
4
            (exploitation of a child), 11-20.1 (child 
5
            pornography), 11-20.3 (aggravated child 
6
            pornography), 12-14.1
(predatory criminal sexual 
7
            assault of a child), or 12-33 (ritualized abuse of 
8
            a
child).  An attempt
to commit any of
these 
9
            offenses.


10
            (ii) A violation of any of the following Sections 
11
        of the Criminal Code
of 1961, when the victim is a 
12
        person under 18 years of age: 12-13 (criminal
sexual 
13
        assault), 12-14 (aggravated criminal sexual assault),

14
        12-16 (aggravated criminal sexual abuse), and 
15
        subsection (a) of Section 12-15
(criminal sexual 
16
        abuse).  An attempt to commit
any of these offenses.


17
            (iii) A violation of any of the following Sections 
18
        of the Criminal Code
of 1961, when the victim is a 
19
        person under 18 years of age and the defendant is
not a 
20
        parent of the victim:


21
            10-1 (kidnapping),


22
            10-2 (aggravated kidnapping),


23
            10-3 (unlawful restraint),


24
            10-3.1 (aggravated unlawful restraint).


25
            An attempt to commit any of these offenses.


26
            (iv) A violation of any former law of this State 
 


 






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        substantially
equivalent to any offense listed in this 
2
        paragraph (2.5) of
this subsection.


3
        (3) A conviction for an offense of federal law or the 
4
    law of another state
that is substantially equivalent to 
5
    any offense listed in paragraph (2) of this
 subsection (d) 
6
    shall constitute a conviction for the purpose of
this 
7
    Section.  A finding or adjudication as a sexually dangerous 
8
    person under
any federal law or law of another state that 
9
    is substantially equivalent to the
Sexually Dangerous 
10
    Persons Act shall constitute an adjudication for the

11
    purposes of this Section.


12
        (4) "Public park" includes a park, forest preserve, or

13
    conservation
area
under the jurisdiction of the State or a 
14
    unit of local government.


15
        (5) "Facility providing programs or services directed 
16
    towards persons
under
the age of 18" means any facility 
17
    providing programs or services exclusively
directed 
18
    towards persons under the age of 18.


19
        (6) "Loiter" means:


20
            (i) Standing, sitting idly, whether or not the 
21
        person is in a vehicle or
remaining in or around public 
22
        park property.


23
            (ii) Standing, sitting idly, whether or not the 
24
        person is in a vehicle
or remaining in or around public 
25
        park property, for the purpose of committing
or

26
        attempting to commit a sex offense.


 


 






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        (7) "Playground" means a piece of land owned or 
2
    controlled by a unit
of
local government that is designated 
3
    by the unit of local government for use
solely or primarily 
4
    for children's recreation.

5
        (8) "Child care institution" has the meaning ascribed 
6
    to it in Section 2.06 of the Child Care Act of 1969.

7
        (9) "Day care center" has the meaning ascribed to it in 
8
    Section 2.09 of the Child Care Act of 1969.
9
        (10) "Part day child care facility" has the meaning 
10
    ascribed to it in Section 2.10 of the Child Care Act of 
11
    1969.

12
    (e) Sentence.  A person who violates this Section is guilty 
13
of a Class 4
felony.

14
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, 
15
eff. 6-1-08; revised 10-30-07.)


 
16
    Section 10. The Landlord and Tenant Act is amended  by 
17
adding Section 10 as follows:
 
18
    (765 ILCS 705/10  new)
19
    Sec. 10. Failure to inform lessor who is a child sex 
20
offender and resides at residential real estate that the lessee 
21
is a parent or guardian of a child or children under 18 years 
22
of age. If a lessor of residential real estate resides at such 
23
real estate and is a child sex offender as defined in Section 
24
11-9.4 of the Criminal Code of 1961 and rents such real estate 
 


 






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to a person who does not inform the lessor that the person is a 
2
parent or guardian of a child or children under 18 years of age 
3
and subsequent to such lease, the lessee discovers that the 
4
landlord is a child sex offender, then the lessee may not 
5
terminate the lease based upon such discovery that the lessor 
6
is a child sex offender and such lease shall be in full force 
7
and effect.
 
8
    Section 15. The Illinois Human Rights Act is amended  by 
9
changing Section 3-106 as follows:
 
10
    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)


11
    Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 
12
shall
prohibit:


13
    (A) Private Sales of Single Family Homes.  
14
        (1) Any sale of a single
family home by its owner so 
15
    long as the following criteria are met:


16
            (a) The owner does not own or have a beneficial 
17
        interest in more
than three single family homes at the 
18
        time of the sale;


19
            (b) The owner or a member of his or her family was 
20
        the last current
resident of the home;


21
            (c) The home is sold without the use in any manner 
22
        of the sales or
rental facilities or services of any 
23
        real estate broker or salesman, or
of any employee or 
24
        agent of any real estate broker or salesman;


 


 






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            (d) The home is sold without the publication, 
2
        posting or mailing,
after notice, of any advertisement 
3
        or written notice in violation of
paragraph (F) of 
4
        Section 3-102.


5
        (2) This exemption does not apply to paragraph (F) of 
6
    Section 3-102.

7
    (B) Apartments.  Rental of a housing accommodation in a 
8
building
which contains housing accommodations for not more 
9
than 4 families
living independently of each other, if the 
10
owner resides in one of the housing accommodations.
This 
11
exemption does not apply to paragraph (F) of Section 3-102.


12
    (C) Private Rooms.  Rental of a room or rooms in a private 
13
home by
an owner if he or she or a member of his or her family 
14
resides therein or,
while absent for a period of not more than 
15
twelve months, if he or she or a
member of his or her family 
16
intends to return to reside therein.



17
    (D) Reasonable local, State, or Federal restrictions

18
regarding the maximum number of occupants permitted to occupy a 
19
dwelling.


20
    (E) Religious Organizations.  A religious organization, 
21
association,
or society, or any nonprofit institution or 
22
organization operated,
supervised or controlled by or in 
23
conjunction with a religious
organization, association, or 
24
society, from limiting the sale, rental or
occupancy of a 
25
dwelling which it owns or operates for other than a
commercial 
26
purpose to persons of the same religion, or from giving

 


 






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preference  to such persons, unless membership in such religion 
2
is
restricted on account of race, color, or national origin.


3
    (F) Sex.  Restricting the rental of rooms in a housing 
4
accommodation to
persons of one sex.


5
    (G) Persons Convicted of Drug-Related Offenses.
Conduct 
6
against a person because such person has been convicted by
any 
7
court of competent jurisdiction of the illegal manufacture or

8
distribution of a controlled substance as defined in Section 
9
102 of the
federal Controlled Substances Act (21 U.S.C. 802).


10
    (H) Persons engaged in the business of furnishing 
11
appraisals of real
property from taking into consideration 
12
factors other than those based on
unlawful discrimination or 
13
familial status in furnishing appraisals.


14
    (H-1) The owner of an owner-occupied residential building 
15
with 4 or
fewer units (including the unit in which the owner 
16
resides) from making
decisions regarding whether to rent to a 
17
person based upon that person's
sexual orientation.


18
    (I) Housing for Older Persons. No provision in this Article 
19
regarding
familial status shall apply with respect to housing 
20
for older persons.


21
        (1) As used in this Section, "housing for older 
22
    persons" means housing:


23
            (a) provided under any State or Federal program 
24
        that the Department
determines is specifically 
25
        designed and operated to assist elderly persons
(as 
26
        defined in the State or Federal program); or


 


 






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            (b) intended for, and solely occupied by, persons 
2
        62 years of age or
older;
or


3
            (c) intended and operated for occupancy by persons 
4
        55 years of age or
older and:


5
                (i) at least 80% of the occupied units are 
6
            occupied by at
least one person who is 55 years of 
7
            age or older;


8
                (ii) the housing facility or community 
9
            publishes and adheres to
policies and procedures

10
            that demonstrate the intent required under this

11
            subdivision (c); and


12
                (iii) the housing facility or community 
13
            complies with rules adopted by
the
Department for 
14
            verification of occupancy, which shall:


15
                    (aa) provide for verification by reliable 
16
                surveys and affidavits;
and


17
                    (bb) include examples of the types of 
18
                policies and procedures
relevant to
a 
19
                determination of compliance with the 
20
                requirement of clause (ii).


21
        These surveys and affidavits shall be admissible in 
22
    administrative and
judicial proceedings for the purposes 
23
    of such verification.


24
        (2) Housing shall not fail to meet the requirements for 
25
    housing for
older persons by reason of:


26
            (a) persons residing in such housing as of the 
 


 






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        effective date of this
amendatory Act of 1989 who do 
2
        not meet the age requirements of subsections
(1)(b) or 
3
        (c); provided, that new occupants of such housing meet 
4
        the age
requirements of
subsections (1)(b) or (c) of 
5
        this subsection; or


6
            (b) unoccupied units; provided, that such units 
7
        are reserved for
occupancy by persons who meet the age 
8
        requirements of subsections (1)(b)
or (c) of this 
9
        subsection.


10
        (3) (a) A person shall not be held personally liable 
11
        for monetary damages
for a violation of this Article if 
12
        the person reasonably relied, in good
faith, on the 
13
        application of the exemption under this subsection (I) 
14
        relating
to housing for older persons.


15
            (b) For the purposes of this item (3), a person may 
16
        show good faith
reliance on the application of the 
17
        exemption only by showing that:


18
                (i) the person has no actual knowledge that the 
19
            facility or community
is
not, or will not be, 
20
            eligible for the exemption; and


21
                (ii) the facility or community has stated 
22
            formally, in writing, that
the
facility or 
23
            community complies with the requirements for the 
24
            exemption.


25
    (J)  Child Sex Offender Refusal to Rent.  Refusal of a child 
26
sex offender who owns and resides at residential real estate to 
 


 






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rent such real estate to a person who is a parent or guardian 
2
of a child or children under 18 years of age. 
3
(Source: P.A. 95-42, eff. 8-10-07.)