[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
91_HB3059eng HB3059 Engrossed LRB9110512RCpk 1 AN ACT in relation to sex offenders. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 2. The Criminal Code of 1961 is amended by 5 changing Section 11-9.4 as follows: 6 (720 ILCS 5/11-9.4) 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 23 child under 18 years of age, unless the offender is a parent 24 or guardian of a person under 18 years of age present in the 25 building or on the grounds. 26 (c) It is unlawful for a child sex offender to knowingly 27 operate, manage, be employed by, volunteer at, be associated 28 with, or knowingly be present at any facility providing 29 programs or services exclusively directed towards persons 30 under the age of 18. This does not prohibit a child sex 31 offender from owning the real property upon which the HB3059 Engrossed -2- LRB9110512RCpk 1 programs or services are offered, provided the child sex 2 offender refrains from being present on the premises for the 3 hours during which the programs or services are being 4 offered. 5 (c-5) It is unlawful for a child sex offender to be 6 knowingly present in any place in which programs, services, 7 or lessons are provided to persons under 18 years of age and 8 where children under 18 years of age are present during which 9 the programs, services, or lessons are provided. 10 (d) Definitions. In this Section: 11 (1) "Child sex offender" means any person who: 12 (i) has been charged under Illinois law, or 13 any substantially similar federal law or law of 14 another state, with a sex offense set forth in 15 paragraph (2) of this subsection (d) or the attempt 16 to commit an included sex offense, and: 17 (A) is convicted of such offense or an 18 attempt to commit such offense; or 19 (B) is found not guilty by reason of 20 insanity of such offense or an attempt to 21 commit such offense; or 22 (C) is found not guilty by reason of 23 insanity pursuant to subsection (c) of Section 24 104-25 of the Code of Criminal Procedure of 25 1963 of such offense or an attempt to commit 26 such offense; or 27 (D) is the subject of a finding not 28 resulting in an acquittal at a hearing 29 conducted pursuant to subsection (a) of Section 30 104-25 of the Code of Criminal Procedure of 31 1963 for the alleged commission or attempted 32 commission of such offense; or 33 (E) is found not guilty by reason of 34 insanity following a hearing conducted pursuant HB3059 Engrossed -3- LRB9110512RCpk 1 to a federal law or the law of another state 2 substantially similar to subsection (c) of 3 Section 104-25 of the Code of Criminal 4 Procedure of 1963 of such offense or of the 5 attempted commission of such offense; or 6 (F) is the subject of a finding not 7 resulting in an acquittal at a hearing 8 conducted pursuant to a federal law or the law 9 of another state substantially similar to 10 subsection (a) of Section 104-25 of the Code of 11 Criminal Procedure of 1963 for the alleged 12 violation or attempted commission of such 13 offense; or 14 (ii) is certified as a sexually dangerous 15 person pursuant to the Illinois Sexually Dangerous 16 Persons Act, or any substantially similar federal 17 law or the law of another state, when any conduct 18 giving rise to such certification is committed or 19 attempted against a person less than 18 years of 20 age; or 21 (iii) is subject to the provisions of Section 22 2 of the Interstate Agreements on Sexually Dangerous 23 Persons Act. 24 Convictions that result from or are connected with 25 the same act, or result from offenses committed at the 26 same time, shall be counted for the purpose of this 27 Section as one conviction. Any conviction set aside 28 pursuant to law is not a conviction for purposes of this 29 Section. 30 (2) "Sex offense" means: 31 (i) A violation of any of the following 32 Sections of the Criminal Code of 1961: 10-7 (aiding 33 and abetting child abduction under Section 34 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 HB3059 Engrossed -4- LRB9110512RCpk 1 (indecent solicitation of a child), 11-6.5 (indecent 2 solicitation of an adult), 11-9 (public indecency 3 when committed in a school, on the real property 4 comprising a school, on a conveyance owned, leased, 5 or contracted by a school to transport students to 6 or from school or a school related activity, or in a 7 public park), 11-9.1 (sexual exploitation of a 8 child), 11-15.1 (soliciting for a juvenile 9 prostitute), 11-17.1 (keeping a place of juvenile 10 prostitution), 11-18.1 (patronizing a juvenile 11 prostitute), 11-19.1 (juvenile pimping), 11-19.2 12 (exploitation of a child), 11-20.1 (child 13 pornography), 11-21 (harmful material), 12-14.1 14 (predatory criminal sexual assault of a child), 15 12-33 (ritualized abuse of a child), 11-20 16 (obscenity) (when that offense was committed in any 17 school, on real property comprising any school, on 18 any conveyance owned, leased, or contracted by a 19 school to transport students to or from school or a 20 school related activity, or in a public park). An 21 attempt to commit any of these offenses. 22 (ii) A violation of any of the following 23 Sections of the Criminal Code of 1961, when the 24 victim is a person under 18 years of age: 12-13 25 (criminal sexual assault), 12-14 (aggravated 26 criminal sexual assault), 12-15 (criminal sexual 27 abuse), 12-16 (aggravated criminal sexual abuse). 28 An attempt to commit any of these offenses. 29 (iii) A violation of any of the following 30 Sections of the Criminal Code of 1961, when the 31 victim is a person under 18 years of age and the 32 defendant is not a parent of the victim: 33 10-1 (kidnapping), 34 10-2 (aggravated kidnapping), HB3059 Engrossed -5- LRB9110512RCpk 1 10-3 (unlawful restraint), 2 10-3.1 (aggravated unlawful restraint). 3 An attempt to commit any of these offenses. 4 (iv) A violation of any former law of this 5 State substantially equivalent to any offense listed 6 in clause (2)(i) of this subsection (d). 7 (3) A conviction for an offense of federal law or 8 the law of another state that is substantially equivalent 9 to any offense listed in paragraph (2) of this 10 subsection (d) shall constitute a conviction for the 11 purpose of this Section. A finding or adjudication as a 12 sexually dangerous person under any federal law or law of 13 another state that is substantially equivalent to the 14 Sexually Dangerous Persons Act shall constitute an 15 adjudication for the purposes of this Section. 16 (4) "Public park" includes a park, forest preserve, 17 or conservation area under the jurisdiction of the State 18 or a unit of local government. 19 (5) "Facility providing programs or services 20 directed towards persons under the age of 18" means any 21 facility providing programs or services exclusively 22 directed towards persons under the age of 18. 23 (6) "Loiter" means: 24 (i) Standing, sitting idly, whether or not the 25 person is in a vehicle or remaining in or around 26 public park property. 27 (ii) Standing, sitting idly, whether or not 28 the person is in a vehicle or remaining in or around 29 public park property, for the purpose of committing 30 or attempting to commit a sex offense. 31 (e) Sentence. A person who violates this Section is 32 guilty of a Class 4 felony. 33 (Source: P.A. 91-458, eff. 1-1-00.) HB3059 Engrossed -6- LRB9110512RCpk 1 Section 5. The Sex Offender Registration Act is amended 2 by changing Sections 8 and 10 as follows: 3 (730 ILCS 150/8) (from Ch. 38, par. 228) 4 (Text of Section before amendment by P.A. 91-224) 5 Sec. 8. Registration Requirements. Registration as 6 required by this Article shall consist of a statement in 7 writing signed by the person giving the information that is 8 required by the Department of State Police, which may include 9 the fingerprints and photograph of the person. The 10 registration information must include whether the person is a 11 sex offender as defined in the Sex Offender and Child 12 Murderer Community Notification Law. Within 3 days, the 13 registering law enforcement agency shall forward any required 14 information to the Department of State Police. The 15 registering law enforcement agency shall enter the 16 information into the Law Enforcement Agencies Data System 17 (LEADS) as provided in Sections 6 and 7 of the 18 Intergovernmental Missing Child Recovery Act of 1984. 19 The law enforcement agency registering a sex offender 20 shall issue a registered sex offender identification card to 21 each offender in the manner and form as follows: 22 REGISTERED SEX OFFENDER 23 State of Illinois 24 Name: ......................... 25 Address: ...................... 26 Date of Birth: ................ 27 Offense: ...................... 28 Adjudicated a sexually dangerous person: Yes ... No ... 29 Registration required until: .......... 30 Notice: This card must be presented by the above 31 registered sex offender to any agency, entity, parent or 32 guardian for whom the sex offender will assume a position HB3059 Engrossed -7- LRB9110512RCpk 1 of trust, authority, or supervision with any child under 2 18 years of age. 3 The sex offender shall present this identification card 4 to any agency, entity, parent, or guardian for whom the sex 5 offender will assume a position of trust, authority, or 6 supervision with any child under 18 years of age. 7 Upon issuance of the identification card, the law 8 enforcement agency registering the sex offender shall inform 9 the offender of the statutory obligation for display of the 10 identification card and the offender shall sign a written 11 verification that the offender has been informed of and 12 understands the statutory obligation. This form shall be 13 retained by the registering agency for the period of time 14 that the offender is required to register under this Act. 15 Any person who is required to register under this Section who 16 violates any of the provisions of this Section is guilty of a 17 Class 3 felony. 18 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 19 90-193, eff. 7-24-97.) 20 (Text of Section after amendment by P.A. 91-224) 21 Sec. 8. Registration Requirements. Registration as 22 required by this Article shall consist of a statement in 23 writing signed by the person giving the information that is 24 required by the Department of State Police, which may include 25 the fingerprints and must include a photograph of the person. 26 The registration information must include whether the person 27 is a sex offender as defined in the Sex Offender and Child 28 Murderer Community Notification Law. Within 3 days, the 29 registering law enforcement agency shall forward any required 30 information to the Department of State Police. The 31 registering law enforcement agency shall enter the 32 information into the Law Enforcement Agencies Data System 33 (LEADS) as provided in Sections 6 and 7 of the 34 Intergovernmental Missing Child Recovery Act of 1984. HB3059 Engrossed -8- LRB9110512RCpk 1 The law enforcement agency registering a sex offender 2 shall issue a registered sex offender identification card to 3 each offender in the manner and form as follows: 4 REGISTERED SEX OFFENDER 5 State of Illinois 6 Name: ......................... 7 Address: ...................... 8 Date of Birth: ................ 9 Offense: ...................... 10 Adjudicated a sexually dangerous person: Yes ... No ... 11 Registration required until: ......... 12 Notice: This card must be presented by the above 13 registered sex offender to any agency, entity, parent or 14 guardian for whom the sex offender will assume a position 15 of trust, authority, or supervision with any child under 16 18 years of age. 17 The sex offender shall present this identification card 18 to any agency, entity, parent, or guardian for whom the sex 19 offender will assume a position of trust, authority, or 20 supervision with any child under 18 years of age. 21 Upon issuance of the identification card, the law 22 enforcement agency registering the sex offender shall inform 23 the offender of the statutory obligation for display of the 24 identification card and the offender shall sign a written 25 verification that the offender has been informed of and 26 understands the statutory obligation. This form shall be 27 retained by the registering agency for the period of time 28 that the offender is required to register under this Act. 29 Any person who is required to register under this Section who 30 violates any of the provisions of this Section is guilty of a 31 Class 3 felony. 32 (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.) HB3059 Engrossed -9- LRB9110512RCpk 1 (730 ILCS 150/10) (from Ch. 38, par. 230) 2 Sec. 10. Penalty. Any person who is required to 3 register under this Article who violates any of the 4 provisions of this Article, other than Section 8 of this Act, 5 and any person who is required to register under this Article 6 who seeks to change his or her name under Article 21 of the 7 Code of Civil Procedure is guilty of a Class 4 felony. Any 8 person who is required to register under this Article who 9 knowingly or wilfully gives material information required by 10 this Article that is false is guilty of a Class 3 felony. Any 11 person convicted of a violation of any provision of this 12 Article shall, in addition to any other penalty required by 13 law, be required to serve a minimum period of 7 days 14 confinement in the local county jail. The court shall impose 15 a mandatory minimum fine of $500 for failure to comply with 16 any provision of this Article. These fines shall be 17 deposited in the Sex Offender Registration Fund. Any sex 18 offender or sexual predator who violates any provision of 19 this Article may be tried in any Illinois county where the 20 sex offender can be located. 21 (Source: P.A. 90-125, eff. 1-1-98; 90-193, eff. 7-24-97; 22 90-655, eff. 7-30-98; 91-48, eff. 7-1-99; 91-221, eff. 23 7-22-99; revised 9-27-99.) 24 Section 95. No acceleration or delay. Where this Act 25 makes changes in a statute that is represented in this Act by 26 text that is not yet or no longer in effect (for example, a 27 Section represented by multiple versions), the use of that 28 text does not accelerate or delay the taking effect of (i) 29 the changes made by this Act or (ii) provisions derived from 30 any other Public Act. 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.