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91_HB2893
LRB9108854RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
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 changing Section 11-9.4 as follows:
7 (720 ILCS 5/11-9.4)
8 Sec. 11-9.4. Approaching, contacting, or communicating
9 with a child within public park zone by child sex offenders
10 prohibited.
11 (a) It is unlawful for a child sex offender to knowingly
12 be present in any public park building or on real property
13 comprising any public park when persons under the age of 18
14 are present in the building or on the grounds and to
15 approach, contact, or communicate with a child under 18 years
16 of age, unless the offender is a parent or guardian of a
17 person under 18 years of age present in the building or on
18 the grounds.
19 (b) It is unlawful for a child sex offender to knowingly
20 loiter on a public way within 500 feet of a public park
21 building or real property comprising any public park while
22 persons under the age of 18 are present in the building or on
23 the grounds and to approach, contact, or communicate with a
24 child under 18 years of age, unless the offender is a parent
25 or guardian of a person under 18 years of age present in the
26 building or on the grounds.
27 (c) It is unlawful for a child sex offender to knowingly
28 operate, manage, be employed by, volunteer at, be associated
29 with, or knowingly be present at any facility providing
30 programs or services exclusively directed towards persons
31 under the age of 18. This does not prohibit a child sex
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1 offender from owning the real property upon which the
2 programs or services are offered, provided the child sex
3 offender refrains from being present on the premises for the
4 hours during which the programs or services are being
5 offered.
6 (c-5) It is unlawful for a child sex offender to be
7 knowingly present in any place in which programs, services,
8 or lessons are provided to persons under 18 years of age and
9 where children under 18 years of age are present during which
10 the programs services, or lessons are provided.
11 (d) Definitions. In this Section:
12 (1) "Child sex offender" means any person who:
13 (i) has been charged under Illinois law, or
14 any substantially similar federal law or law of
15 another state, with a sex offense set forth in
16 paragraph (2) of this subsection (d) or the attempt
17 to commit an included sex offense, and:
18 (A) is convicted of such offense or an
19 attempt to commit such offense; or
20 (B) is found not guilty by reason of
21 insanity of such offense or an attempt to
22 commit such offense; or
23 (C) is found not guilty by reason of
24 insanity pursuant to subsection (c) of Section
25 104-25 of the Code of Criminal Procedure of
26 1963 of such offense or an attempt to commit
27 such offense; or
28 (D) is the subject of a finding not
29 resulting in an acquittal at a hearing
30 conducted pursuant to subsection (a) of Section
31 104-25 of the Code of Criminal Procedure of
32 1963 for the alleged commission or attempted
33 commission of such offense; or
34 (E) is found not guilty by reason of
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1 insanity following a hearing conducted pursuant
2 to a federal law or the law of another state
3 substantially similar to subsection (c) of
4 Section 104-25 of the Code of Criminal
5 Procedure of 1963 of such offense or of the
6 attempted commission of such offense; or
7 (F) is the subject of a finding not
8 resulting in an acquittal at a hearing
9 conducted pursuant to a federal law or the law
10 of another state substantially similar to
11 subsection (a) of Section 104-25 of the Code of
12 Criminal Procedure of 1963 for the alleged
13 violation or attempted commission of such
14 offense; or
15 (ii) is certified as a sexually dangerous
16 person pursuant to the Illinois Sexually Dangerous
17 Persons Act, or any substantially similar federal
18 law or the law of another state, when any conduct
19 giving rise to such certification is committed or
20 attempted against a person less than 18 years of
21 age; or
22 (iii) is subject to the provisions of Section
23 2 of the Interstate Agreements on Sexually Dangerous
24 Persons Act.
25 Convictions that result from or are connected with
26 the same act, or result from offenses committed at the
27 same time, shall be counted for the purpose of this
28 Section as one conviction. Any conviction set aside
29 pursuant to law is not a conviction for purposes of this
30 Section.
31 (2) "Sex offense" means:
32 (i) A violation of any of the following
33 Sections of the Criminal Code of 1961: 10-7 (aiding
34 and abetting child abduction under Section
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1 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
2 (indecent solicitation of a child), 11-6.5 (indecent
3 solicitation of an adult), 11-9 (public indecency
4 when committed in a school, on the real property
5 comprising a school, on a conveyance owned, leased,
6 or contracted by a school to transport students to
7 or from school or a school related activity, or in a
8 public park), 11-9.1 (sexual exploitation of a
9 child), 11-15.1 (soliciting for a juvenile
10 prostitute), 11-17.1 (keeping a place of juvenile
11 prostitution), 11-18.1 (patronizing a juvenile
12 prostitute), 11-19.1 (juvenile pimping), 11-19.2
13 (exploitation of a child), 11-20.1 (child
14 pornography), 11-21 (harmful material), 12-14.1
15 (predatory criminal sexual assault of a child),
16 12-33 (ritualized abuse of a child), 11-20
17 (obscenity) (when that offense was committed in any
18 school, on real property comprising any school, on
19 any conveyance owned, leased, or contracted by a
20 school to transport students to or from school or a
21 school related activity, or in a public park). An
22 attempt to commit any of these offenses.
23 (ii) A violation of any of the following
24 Sections of the Criminal Code of 1961, when the
25 victim is a person under 18 years of age: 12-13
26 (criminal sexual assault), 12-14 (aggravated
27 criminal sexual assault), 12-15 (criminal sexual
28 abuse), 12-16 (aggravated criminal sexual abuse).
29 An attempt to commit any of these offenses.
30 (iii) A violation of any of the following
31 Sections of the Criminal Code of 1961, when the
32 victim is a person under 18 years of age and the
33 defendant is not a parent of the victim:
34 10-1 (kidnapping),
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1 10-2 (aggravated kidnapping),
2 10-3 (unlawful restraint),
3 10-3.1 (aggravated unlawful restraint).
4 An attempt to commit any of these offenses.
5 (iv) A violation of any former law of this
6 State substantially equivalent to any offense listed
7 in clause (2)(i) of this subsection (d).
8 (3) A conviction for an offense of federal law or
9 the law of another state that is substantially equivalent
10 to any offense listed in paragraph (2) of this
11 subsection (d) shall constitute a conviction for the
12 purpose of this Section. A finding or adjudication as a
13 sexually dangerous person under any federal law or law of
14 another state that is substantially equivalent to the
15 Sexually Dangerous Persons Act shall constitute an
16 adjudication for the purposes of this Section.
17 (4) "Public park" includes a park, forest preserve,
18 or conservation area under the jurisdiction of the State
19 or a unit of local government.
20 (5) "Facility providing programs or services
21 directed towards persons under the age of 18" means any
22 facility providing programs or services exclusively
23 directed towards persons under the age of 18.
24 (6) "Loiter" means:
25 (i) Standing, sitting idly, whether or not the
26 person is in a vehicle or remaining in or around
27 public park property.
28 (ii) Standing, sitting idly, whether or not
29 the person is in a vehicle or remaining in or around
30 public park property, for the purpose of committing
31 or attempting to commit a sex offense.
32 (e) Sentence. A person who violates this Section is
33 guilty of a Class 4 felony.
34 (Source: P.A. 91-458, eff. 1-1-00.)