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91_HB3059ham001
LRB9110512RCpkam
1 AMENDMENT TO HOUSE BILL 3059
2 AMENDMENT NO. . Amend House Bill 3059, on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to sex offenders."; and
5 on page 1, by inserting between lines 4 and 5 the following:
6 "Section 2. The Criminal Code of 1961 is amended by
7 changing Section 11-9.4 as follows:
8 (720 ILCS 5/11-9.4)
9 Sec. 11-9.4. Approaching, contacting, or communicating
10 with a child within public park zone by child sex offenders
11 prohibited.
12 (a) It is unlawful for a child sex offender to knowingly
13 be present in any public park building or on real property
14 comprising any public park when persons under the age of 18
15 are present in the building or on the grounds and to
16 approach, contact, or communicate with a child under 18 years
17 of age, unless the offender is a parent or guardian of a
18 person under 18 years of age present in the building or on
19 the grounds.
20 (b) It is unlawful for a child sex offender to knowingly
21 loiter on a public way within 500 feet of a public park
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1 building or real property comprising any public park while
2 persons under the age of 18 are present in the building or on
3 the grounds and to approach, contact, or communicate with a
4 child under 18 years of age, unless the offender is a parent
5 or guardian of a person under 18 years of age present in the
6 building or on the grounds.
7 (c) It is unlawful for a child sex offender to knowingly
8 operate, manage, be employed by, volunteer at, be associated
9 with, or knowingly be present at any facility providing
10 programs or services exclusively directed towards persons
11 under the age of 18. This does not prohibit a child sex
12 offender from owning the real property upon which the
13 programs or services are offered, provided the child sex
14 offender refrains from being present on the premises for the
15 hours during which the programs or services are being
16 offered.
17 (c-5) It is unlawful for a child sex offender to be
18 knowingly present in any place in which programs, services,
19 or lessons are provided to persons under 18 years of age and
20 where children under 18 years of age are present during which
21 the programs services, or lessons are provided.
22 (d) Definitions. In this Section:
23 (1) "Child sex offender" means any person who:
24 (i) has been charged under Illinois law, or
25 any substantially similar federal law or law of
26 another state, with a sex offense set forth in
27 paragraph (2) of this subsection (d) or the attempt
28 to commit an included sex offense, and:
29 (A) is convicted of such offense or an
30 attempt to commit such offense; or
31 (B) is found not guilty by reason of
32 insanity of such offense or an attempt to
33 commit such offense; or
34 (C) is found not guilty by reason of
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1 insanity pursuant to subsection (c) of Section
2 104-25 of the Code of Criminal Procedure of
3 1963 of such offense or an attempt to commit
4 such offense; or
5 (D) is the subject of a finding not
6 resulting in an acquittal at a hearing
7 conducted pursuant to subsection (a) of Section
8 104-25 of the Code of Criminal Procedure of
9 1963 for the alleged commission or attempted
10 commission of such offense; or
11 (E) is found not guilty by reason of
12 insanity following a hearing conducted pursuant
13 to a federal law or the law of another state
14 substantially similar to subsection (c) of
15 Section 104-25 of the Code of Criminal
16 Procedure of 1963 of such offense or of the
17 attempted commission of such offense; or
18 (F) is the subject of a finding not
19 resulting in an acquittal at a hearing
20 conducted pursuant to a federal law or the law
21 of another state substantially similar to
22 subsection (a) of Section 104-25 of the Code of
23 Criminal Procedure of 1963 for the alleged
24 violation or attempted commission of such
25 offense; or
26 (ii) is certified as a sexually dangerous
27 person pursuant to the Illinois Sexually Dangerous
28 Persons Act, or any substantially similar federal
29 law or the law of another state, when any conduct
30 giving rise to such certification is committed or
31 attempted against a person less than 18 years of
32 age; or
33 (iii) is subject to the provisions of Section
34 2 of the Interstate Agreements on Sexually Dangerous
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1 Persons Act.
2 Convictions that result from or are connected with
3 the same act, or result from offenses committed at the
4 same time, shall be counted for the purpose of this
5 Section as one conviction. Any conviction set aside
6 pursuant to law is not a conviction for purposes of this
7 Section.
8 (2) "Sex offense" means:
9 (i) A violation of any of the following
10 Sections of the Criminal Code of 1961: 10-7 (aiding
11 and abetting child abduction under Section
12 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
13 (indecent solicitation of a child), 11-6.5 (indecent
14 solicitation of an adult), 11-9 (public indecency
15 when committed in a school, on the real property
16 comprising a school, on a conveyance owned, leased,
17 or contracted by a school to transport students to
18 or from school or a school related activity, or in a
19 public park), 11-9.1 (sexual exploitation of a
20 child), 11-15.1 (soliciting for a juvenile
21 prostitute), 11-17.1 (keeping a place of juvenile
22 prostitution), 11-18.1 (patronizing a juvenile
23 prostitute), 11-19.1 (juvenile pimping), 11-19.2
24 (exploitation of a child), 11-20.1 (child
25 pornography), 11-21 (harmful material), 12-14.1
26 (predatory criminal sexual assault of a child),
27 12-33 (ritualized abuse of a child), 11-20
28 (obscenity) (when that offense was committed in any
29 school, on real property comprising any school, on
30 any conveyance owned, leased, or contracted by a
31 school to transport students to or from school or a
32 school related activity, or in a public park). An
33 attempt to commit any of these offenses.
34 (ii) A violation of any of the following
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1 Sections of the Criminal Code of 1961, when the
2 victim is a person under 18 years of age: 12-13
3 (criminal sexual assault), 12-14 (aggravated
4 criminal sexual assault), 12-15 (criminal sexual
5 abuse), 12-16 (aggravated criminal sexual abuse).
6 An attempt to commit any of these offenses.
7 (iii) A violation of any of the following
8 Sections of the Criminal Code of 1961, when the
9 victim is a person under 18 years of age and the
10 defendant is not a parent of the victim:
11 10-1 (kidnapping),
12 10-2 (aggravated kidnapping),
13 10-3 (unlawful restraint),
14 10-3.1 (aggravated unlawful restraint).
15 An attempt to commit any of these offenses.
16 (iv) A violation of any former law of this
17 State substantially equivalent to any offense listed
18 in clause (2)(i) of this subsection (d).
19 (3) A conviction for an offense of federal law or
20 the law of another state that is substantially equivalent
21 to any offense listed in paragraph (2) of this
22 subsection (d) shall constitute a conviction for the
23 purpose of this Section. A finding or adjudication as a
24 sexually dangerous person under any federal law or law of
25 another state that is substantially equivalent to the
26 Sexually Dangerous Persons Act shall constitute an
27 adjudication for the purposes of this Section.
28 (4) "Public park" includes a park, forest preserve,
29 or conservation area under the jurisdiction of the State
30 or a unit of local government.
31 (5) "Facility providing programs or services
32 directed towards persons under the age of 18" means any
33 facility providing programs or services exclusively
34 directed towards persons under the age of 18.
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1 (6) "Loiter" means:
2 (i) Standing, sitting idly, whether or not the
3 person is in a vehicle or remaining in or around
4 public park property.
5 (ii) Standing, sitting idly, whether or not
6 the person is in a vehicle or remaining in or around
7 public park property, for the purpose of committing
8 or attempting to commit a sex offense.
9 (e) Sentence. A person who violates this Section is
10 guilty of a Class 4 felony.
11 (Source: P.A. 91-458, eff. 1-1-00.)".