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Public Act 91-0458
SB7 Enrolled LRB9100704RCgc
AN ACT to amend the Criminal Code of 1961 by adding
Section 11-9.4.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
adding Section 11-9.4 as follows:
(720 ILCS 5/11-9.4 new)
Sec. 11-9.4. Approaching, contacting, or communicating
with a child within public park zone by child sex offenders
prohibited.
(a) It is unlawful for a child sex offender to knowingly
be present in any public park building or on real property
comprising any public park when persons under the age of 18
are present in the building or on the grounds and to
approach, contact, or communicate with a child under 18 years
of age, unless the offender is a parent or guardian of a
person under 18 years of age present in the building or on
the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent
or guardian of a person under 18 years of age present in the
building or on the grounds.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any facility providing
programs or services exclusively directed towards persons
under the age of 18. This does not prohibit a child sex
offender from owning the real property upon which the
programs or services are offered, provided the child sex
offender refrains from being present on the premises for the
hours during which the programs or services are being
offered.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or
any substantially similar federal law or law of
another state, with a sex offense set forth in
paragraph (2) of this subsection (d) or the attempt
to commit an included sex offense, and:
(A) is convicted of such offense or an
attempt to commit such offense; or
(B) is found not guilty by reason of
insanity of such offense or an attempt to
commit such offense; or
(C) is found not guilty by reason of
insanity pursuant to subsection (c) of Section
104-25 of the Code of Criminal Procedure of
1963 of such offense or an attempt to commit
such offense; or
(D) is the subject of a finding not
resulting in an acquittal at a hearing
conducted pursuant to subsection (a) of Section
104-25 of the Code of Criminal Procedure of
1963 for the alleged commission or attempted
commission of such offense; or
(E) is found not guilty by reason of
insanity following a hearing conducted pursuant
to a federal law or the law of another state
substantially similar to subsection (c) of
Section 104-25 of the Code of Criminal
Procedure of 1963 of such offense or of the
attempted commission of such offense; or
(F) is the subject of a finding not
resulting in an acquittal at a hearing
conducted pursuant to a federal law or the law
of another state substantially similar to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
violation or attempted commission of such
offense; or
(ii) is certified as a sexually dangerous
person pursuant to the Illinois Sexually Dangerous
Persons Act, or any substantially similar federal
law or the law of another state, when any conduct
giving rise to such certification is committed or
attempted against a person less than 18 years of
age; or
(iii) is subject to the provisions of Section
2 of the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same time,
shall be counted for the purpose of this Section as one
conviction. Any conviction set aside pursuant to law is not
a conviction for purposes of this Section.
(2) "Sex offense" means:
(i) A violation of any of the following
Sections of the Criminal Code of 1961: 10-7 (aiding
and abetting child abduction under Section
10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
(indecent solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property
comprising a school, on a conveyance owned, leased,
or contracted by a school to transport students to
or from school or a school related activity, or in a
public park), 11-9.1 (sexual exploitation of a
child), 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2
(exploitation of a child), 11-20.1 (child
pornography), 11-21 (harmful material), 12-14.1
(predatory criminal sexual assault of a child),
12-33 (ritualized abuse of a child), 11-20
(obscenity) (when that offense was committed in any
school, on real property comprising any school, on
any conveyance owned, leased, or contracted by a
school to transport students to or from school or a
school related activity, or in a public park). An
attempt to commit any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the
victim is a person under 18 years of age: 12-13
(criminal sexual assault), 12-14 (aggravated
criminal sexual assault), 12-15 (criminal sexual
abuse), 12-16 (aggravated criminal sexual abuse).
An attempt to commit any of these offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the
victim is a person under 18 years of age and the
defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this
State substantially equivalent to any offense listed
in clause (2)(i) of this subsection (d).
(3) A conviction for an offense of federal law or
the law of another state that is substantially equivalent
to any offense listed in paragraph (2) of this
subsection (d) shall constitute a conviction for the
purpose of this Section. A finding or adjudication as a
sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the
Sexually Dangerous Persons Act shall constitute an
adjudication for the purposes of this Section.
(4) "Public park" includes a park, forest preserve,
or conservation area under the jurisdiction of the State
or a unit of local government.
(5) "Facility providing programs or services
directed towards persons under the age of 18" means any
facility providing programs or services exclusively
directed towards persons under the age of 18.
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around
public park property.
(ii) Standing, sitting idly, whether or not
the person is in a vehicle or remaining in or around
public park property, for the purpose of committing
or attempting to commit a sex offense.
(e) Sentence. A person who violates this Section is
guilty of a Class 4 felony.
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