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92_HB3154eng HB3154 Engrossed LRB9206113RCcd 1 AN ACT in relation to 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 5 changing Section 11-9.4 as follows: 6 (720 ILCS 5/11-9.4) 7 Sec. 11-9.4. Approaching, contacting, residing, or 8 communicating with a child within public park zone by child 9 sex offenders 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 (b-5) It is unlawful for a child sex offender to 27 knowingly reside within 500 feet of a playground or a 28 facility providing programs or services exclusively directed 29 toward persons under 18 years of age. Nothing in this 30 subsection (b-5) prohibits a child sex offender from residing 31 within 500 feet of a playground or a facility providing HB3154 Engrossed -2- LRB9206113RCcd 1 programs or services exclusively directed toward persons 2 under 18 years of age if the property is owned by the child 3 sex offender and was purchased before the effective date of 4 this amendatory Act of the 91st General Assembly. 5 (c) It is unlawful for a child sex offender to knowingly 6 operate, manage, be employed by, volunteer at, be associated 7 with, or knowingly be present at any facility providing 8 programs or services exclusively directed towards persons 9 under the age of 18. This does not prohibit a child sex 10 offender from owning the real property upon which the 11 programs or services are offered, provided the child sex 12 offender refrains from being present on the premises for the 13 hours during which the programs or services are being 14 offered. 15 (c-5) It is unlawful for a child sex offender to be 16 knowingly present in any place in which programs, services, 17 or lessons are provided to persons under 18 years of age and 18 where children under 18 years of age are present during which 19 the programs, services, or lessons are provided. 20 (d) Definitions. In this Section: 21 (1) "Child sex offender" means any person who: 22 (i) has been charged under Illinois law, or 23 any substantially similar federal law or law of 24 another state, with a sex offense set forth in 25 paragraph (2) of this subsection (d) or the attempt 26 to commit an included sex offense, and: 27 (A) is convicted of such offense or an 28 attempt to commit such offense; or 29 (B) is found not guilty by reason of 30 insanity of such offense or an attempt to 31 commit such offense; or 32 (C) is found not guilty by reason of 33 insanity pursuant to subsection (c) of Section 34 104-25 of the Code of Criminal Procedure of HB3154 Engrossed -3- LRB9206113RCcd 1 1963 of such offense or an attempt to commit 2 such offense; or 3 (D) is the subject of a finding not 4 resulting in an acquittal at a hearing 5 conducted pursuant to subsection (a) of Section 6 104-25 of the Code of Criminal Procedure of 7 1963 for the alleged commission or attempted 8 commission of such offense; or 9 (E) is found not guilty by reason of 10 insanity following a hearing conducted pursuant 11 to a federal law or the law of another state 12 substantially similar to subsection (c) of 13 Section 104-25 of the Code of Criminal 14 Procedure of 1963 of such offense or of the 15 attempted commission of such offense; or 16 (F) is the subject of a finding not 17 resulting in an acquittal at a hearing 18 conducted pursuant to a federal law or the law 19 of another state substantially similar to 20 subsection (a) of Section 104-25 of the Code of 21 Criminal Procedure of 1963 for the alleged 22 violation or attempted commission of such 23 offense; or 24 (ii) is certified as a sexually dangerous 25 person pursuant to the Illinois Sexually Dangerous 26 Persons Act, or any substantially similar federal 27 law or the law of another state, when any conduct 28 giving rise to such certification is committed or 29 attempted against a person less than 18 years of 30 age; or 31 (iii) is subject to the provisions of Section 32 2 of the Interstate Agreements on Sexually Dangerous 33 Persons Act. 34 Convictions that result from or are connected with HB3154 Engrossed -4- LRB9206113RCcd 1 the same act, or result from offenses committed at the 2 same time, shall be counted for the purpose of this 3 Section as one conviction. Any conviction set aside 4 pursuant to law is not a conviction for purposes of this 5 Section. 6 (2) Except as otherwise provided in paragraph 7 (2.5), "sex offense" means: 8 (i) A violation of any of the following 9 Sections of the Criminal Code of 1961: 10-7 (aiding 10 and abetting child abduction under Section 11 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 12 (indecent solicitation of a child), 11-6.5 (indecent 13 solicitation of an adult), 11-9 (public indecency 14 when committed in a school, on the real property 15 comprising a school, on a conveyance owned, leased, 16 or contracted by a school to transport students to 17 or from school or a school related activity, or in a 18 public park), 11-9.1 (sexual exploitation of a 19 child), 11-15.1 (soliciting for a juvenile 20 prostitute), 11-17.1 (keeping a place of juvenile 21 prostitution), 11-18.1 (patronizing a juvenile 22 prostitute), 11-19.1 (juvenile pimping), 11-19.2 23 (exploitation of a child), 11-20.1 (child 24 pornography), 11-21 (harmful material), 12-14.1 25 (predatory criminal sexual assault of a child), 26 12-33 (ritualized abuse of a child), 11-20 27 (obscenity) (when that offense was committed in any 28 school, on real property comprising any school, on 29 any conveyance owned, leased, or contracted by a 30 school to transport students to or from school or a 31 school related activity, or in a public park). An 32 attempt to commit any of these offenses. 33 (ii) A violation of any of the following 34 Sections of the Criminal Code of 1961, when the HB3154 Engrossed -5- LRB9206113RCcd 1 victim is a person under 18 years of age: 12-13 2 (criminal sexual assault), 12-14 (aggravated 3 criminal sexual assault), 12-15 (criminal sexual 4 abuse), 12-16 (aggravated criminal sexual abuse). 5 An attempt to commit any of these offenses. 6 (iii) A violation of any of the following 7 Sections of the Criminal Code of 1961, when the 8 victim is a person under 18 years of age and the 9 defendant is not a 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 16 State substantially equivalent to any offense listed 17 in clause (2)(i) of this subsection (d). 18 (2.5) For the purposes of subsection (b-5) only, a 19 sex offense means: 20 (i) A violation of any of the following 21 Sections of the Criminal Code of 1961: 22 10-5(b)(10) (child luring), 10-7 (aiding 23 and 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 27 prostitute), 11-17.1 (keeping a place of 28 juvenile prostitution), 11-18.1 (patronizing a 29 juvenile prostitute), 11-19.1 (juvenile 30 pimping), 11-19.2 (exploitation of a child), 31 11-20.1 (child pornography), 12-14.1 (predatory 32 criminal sexual assault of a child), or 12-33 33 (ritualized abuse of a child). An attempt to 34 commit any of these offenses. HB3154 Engrossed -6- LRB9206113RCcd 1 (ii) A violation of any of the following 2 Sections of the Criminal Code of 1961, when the 3 victim is a person under 18 years of age: 12-13 4 (criminal sexual assault), 12-14 (aggravated 5 criminal sexual assault), 12-16 (aggravated criminal 6 sexual abuse), and subsection (a) of Section 12-15 7 (criminal sexual abuse). An attempt to commit any 8 of these offenses. 9 (iii) A violation of any of the following 10 Sections of the Criminal Code of 1961, when the 11 victim is a person under 18 years of age and the 12 defendant is not a parent of the victim: 13 10-1 (kidnapping), 14 10-2 (aggravated kidnapping), 15 10-3 (unlawful restraint), 16 10-3.1 (aggravated unlawful restraint). 17 An attempt to commit any of these offenses. 18 (iv) A violation of any former law of this 19 State substantially equivalent to any offense listed 20 in this paragraph (2.5) of this subsection. 21 (3) A conviction for an offense of federal law or 22 the law of another state that is substantially equivalent 23 to any offense listed in paragraph (2) of this 24 subsection (d) shall constitute a conviction for the 25 purpose of this Section. A finding or adjudication as a 26 sexually dangerous person under any federal law or law of 27 another state that is substantially equivalent to the 28 Sexually Dangerous Persons Act shall constitute an 29 adjudication for the purposes of this Section. 30 (4) "Public park" includes a park, forest preserve, 31 or conservation area under the jurisdiction of the State 32 or a unit of local government. 33 (5) "Facility providing programs or services 34 directed towards persons under the age of 18" means any HB3154 Engrossed -7- LRB9206113RCcd 1 facility providing programs or services exclusively 2 directed towards persons under the age of 18. 3 (6) "Loiter" means: 4 (i) Standing, sitting idly, whether or not the 5 person is in a vehicle or remaining in or around 6 public park property. 7 (ii) Standing, sitting idly, whether or not 8 the person is in a vehicle or remaining in or around 9 public park property, for the purpose of committing 10 or attempting to commit a sex offense. 11 (7) "Playground" means a piece of land owned or 12 controlled by a unit of local government that is 13 designated by the unit of local government for use solely 14 or primarily for children's recreation. 15 (e) Sentence. A person who violates this Section is 16 guilty of a Class 4 felony. 17 (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00.)